从“政治共识”到“共识政治”：神圣罗马帝国《选举让步协议》的制度意涵及其宪法意义

王银宏

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May 2019

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Citation: Yinhong WANG. From “Political Consensus” to “Consensus Politics”:Institutional Implications and Constitutional Meanings of the Electoral Capitulations in Holy Roman Empire[J]. Academic Monthly, 2019, 51(5): 102-111. shu

From “Political Consensus” to “Consensus Politics”:Institutional Implications and Constitutional Meanings of the Electoral Capitulations in Holy Roman Empire

Yinhong WANG

Abstract

As a result of the " openness”of the stipulation for the election of the Holy Roman Emperors, which was provided in Golden Bull of 1356, the election of the Holy Roman Emperor in 1519 attracted quite a few candidates. The powerful Karl Ⅴ. won the election finally. The Prince-electors reached a " political consensus” and believed that it was necessary to set and regulate the power of the powerful emperor. Karl Ⅴ. was required to sign the Electoral Capitulation and to make a solemn vow that the Electoral Capitulation will be observed. Hereafter, every newly-elected emperor had to sign an Electoral Capitulation. Since the election of Karl Ⅵ. in 1711, the Electoral Capitulation has transformed from " political consensus” to " consensus politics” and become " leges fundamentales”of the Holy Roman Empire from a political contract with " chanciness”. On the basis of rational discussion and the compromise of interests, the Prince-electors reached the " political consensus”, and on the basis of " political consensus”, the Prince-electors had the regulatory awareness and rights consciousness. The Electoral Capitulations are not only the achievement of the " political consensus” but also the reflect of the " consensus politics” and the foundation of the legitimacy of the newly-elected emperor. In the process of the development of history, they have the meanings of " modern” constitutional significance and institutional implication.
- Holy Roman Empire,
- the election of the Holy Roman Emperors,
- Electoral Capitulation,
- Consensus Politics,
- leges fundamentales
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From “Political Consensus” to “Consensus Politics”:Institutional Implications and Constitutional Meanings of the Electoral Capitulations in Holy Roman Empire

Yinhong WANG

Available Online: 2019-05-01

Abstract: As a result of the " openness”of the stipulation for the election of the Holy Roman Emperors, which was provided in Golden Bull of 1356, the election of the Holy Roman Emperor in 1519 attracted quite a few candidates. The powerful Karl Ⅴ. won the election finally. The Prince-electors reached a " political consensus” and believed that it was necessary to set and regulate the power of the powerful emperor. Karl Ⅴ. was required to sign the Electoral Capitulation and to make a solemn vow that the Electoral Capitulation will be observed. Hereafter, every newly-elected emperor had to sign an Electoral Capitulation. Since the election of Karl Ⅵ. in 1711, the Electoral Capitulation has transformed from " political consensus” to " consensus politics” and become " leges fundamentales”of the Holy Roman Empire from a political contract with " chanciness”. On the basis of rational discussion and the compromise of interests, the Prince-electors reached the " political consensus”, and on the basis of " political consensus”, the Prince-electors had the regulatory awareness and rights consciousness. The Electoral Capitulations are not only the achievement of the " political consensus” but also the reflect of the " consensus politics” and the foundation of the legitimacy of the newly-elected emperor. In the process of the development of history, they have the meanings of " modern” constitutional significance and institutional implication.

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From “Political Consensus” to “Consensus Politics”:Institutional Implications and Constitutional Meanings of the Electoral Capitulations in Holy Roman Empire

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通讯作者: 陈斌, bchen63@163.com

From “Political Consensus” to “Consensus Politics”:Institutional Implications and Constitutional Meanings of the Electoral Capitulations in Holy Roman Empire

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