通过政治手段实现法律约束?行政行为的法律基础与公众支持

Legal constraint through political means? Legal foundations and public support for executive action

Journal of Law, Economics, and Organization · 2025
被引 1
ABS 3

中文导读

通过13项调查实验,研究法律框架(如行政行为是否基于法定授权或违背国会意愿)如何影响公众对总统单边行动的支持,发现法律框架仅在假设情境或历史案例中有效,对近期总统行动影响甚微。

Abstract

Abstract Many scholars question the extent to which presidents are legally constrained, but others argue that public opinion provides an indirect but important mechanism through which law checks unilateral power. Through thirteen survey experiments, we examine whether the legal foundations of executive action—whether framed as pursuant to delegated statutory authority or contra the will of Congress—affect public support for unilateralism. Legal frames can influence public support, particularly among those with the strongest attachments to the rule of law. However, these effects are highly concentrated in hypothetical vignettes or temporally distant cases. Legal frames have little effect on support for executive action by recent presidents, even when they shape public perceptions of an action’s legality. Our results inform debates about the conditions under which public opinion might serve as a backstop against democratic backsliding by checking presidential overreach, and the role of law in shaping public debates about presidential power.

政治学总统制法治公众舆论行政权力