Suchergebnisse

Majority rule has various applications. In parliamentary theory, it intervenes at the level of relations between assembly & gov, & again, in elections. We find it in democratic theory where the majority of the people must approve decisions of the constitutional organs. Finally, it is employed in the decisionmaking process of the assemblies, & it is this aspect which forms the object of the present study. Since antiquity the majority principle has been generally observed in the decisions of deliberating bodies; but it was not until the 16th cent that it triumphed in England & France. In Switzerland up to the 16th cent majority rule was in effect, disappeared for a while, & then reappeared after the transition from confederation to federation. In Holland, majority rule was applied with certain restrictions from the 16th cent on. Poland had the 'liberum veto' up to the beginning of the 19th cent. From a theoretical viewpoint, the jurists of the Middle Ages based their justification of majority rule on an old Roman adage, & Canon Law has also made an important contribution to this doctrine. The authors of the 18th cent elaborated a legal theory based on rational fictions & on the doctrine of the Social Contract in particular. Among the moderns, 3 principal schools can be distinguished: those who, with Duguit, give a utilitarian basis to the principle, those who see in it a sublimated power, particularly sociol'ts, & finally the theoreticians who accept the principle for ethical reasons. The problem has increased in importance with the existence of international org's where at present, the majority principle is applied only exceptionally. (Translated by Z. Dana from IPSA).