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法国启蒙宪政观念、英国宪政衡平思想、北美殖民地人民限权理念,对于美国军事权制衡制度的建立与发展,具有理论奠基意义。军政军令“双轨制”、“文官控制军队”的传统、各州保有军事权制度,构成美国军事权的内部制衡机制;其外部制衡机制则包括:国会权力的制约、联邦最高法院权力的制约,以及新闻舆论、公民、政党等社会力量的制约。分析美国军事权制衡制度,可发现其存在以下缺陷:总统军事权不断膨胀,“权力分立”影响军事行动效率,最高军事统率权与具体军事指挥权有脱节。
The enlightenment of constitutionalism in France, the constitutional balance of thought in British constitutionalism, and the concept of the limits of power of colonial North Americans have laid the theoretical foundation for the establishment and development of the check-and-balance system of the U.S. military rights. The military and government military order, the “dual system”, and the “civilian-controlled army” tradition, each state maintains the system of military rights and constitutes the internal checks and balances mechanism of the United States military power. Its external checks and balances mechanisms include: the restriction of parliamentary powers, the power of the federal Supreme Court Constraints, as well as news media, citizens, political parties and other social forces constraints. An analysis of the check-and-balance system of the U.S. military rights reveals the following shortcomings: the continuous expansion of the military power of the president and the “separation of powers” affect the efficiency of military operations. The power of the highest military monarchy is out of line with the specific military command.