出刊年月/Date of Publishing

1981.03

所屬卷期/Vol. & No.   第11卷第1期 Vol. 11, No. 1

類型/Type                 研究論文 Research Article

篇名/Title
美國選舉訴訟判例之研究 (1977年-1979年)
A Study on Election Case Law of the United States (1977-1979)

作者/Author
焦興鎧 Cing-Kae Chiao

頁碼/Pagination
pp. 1-54

摘要
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Abstract
This thesis is divided into six chapters, each containing an independent analysis of some aspects concerning American election laws.

The introductary chapter is about the legislative history of the Federal Election Campaign Act of 1971 and its Amendments. Since federal election has assumed an ever important role in American politics, it is accepted that after the enactment of these statutes, a general standard for election has been set.

Chapter two is devoted to the analysis of some cases about campaign expenditure and contribution. The main concern is about the constitutionality of some state laws which totally prohibit campaign contribution.

Chapter three contains some cases concerning corrupt campaign practices—illegal campaign contribution and mis­representation during election campaign.

Chapter four discusses two cases in which the courts have upheld the principle of fairness doctrine and freedom of anonymous publications during election campaigns.

Chapter five is about some cases which deal with the qualifications of both the voters and the candidates.

In the closing chapter some comments on American election case law have been made, and it is concluded that through the endeavor of the courts, especially the Supreme Court, the main task of seeking a balance between the advocacy of governmental right and the protection of citizens’ right has been achieved.

關鍵字/Key Word
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DOI
https://doi.org/10.7015/AS.198103.0001

學門分類/Subject
法學 Law