奧地利的公投制度與實務

Referendum in Austria

本文先探討民主理論與實務的形成與演變，得出間接民主（代議民主）作為近代民主的主流意見與實際體制的運作實踐，在國內政治上顯現的種種不足與缺失之處，並於歷經並累積兩百多年來的考驗與危機之下，人類對其修補糾正的常識與努力。接著則在這個基礎上，探討作為克服及彌補間接民主實踐模式的直接民主（公民投票：審議式民主），其建制運作逐漸獲得肯定與認同的趨勢。再來則以奧地利多年來建立與不斷修正的公投制度作為實例，闡明其實際運作的過程，並分析其中所牽涉的各種主客觀因素的互動。最後則以此分析飾濾其中的優點與缺點，進行各方面的批判及反思，並嘗試提出個人的改革建議，希冀能提高直接與間接民主雙方質量的均等和互補，以期進一步深化現存之民主制度。 Simplifying direct democracy (referendum) and indirect democracy (representative politics) into positional oppositional institutional conflicts is an unnecessary prejudice that prevents the complementary opportunities between the two. Most of today's democratic countries - including the Austria discussed in this article - have adopted a dual democratic form, that is, direct democracy combined with representative democracy. However, empirical observations from international comparisons shows that the participation rate of referendums (direct democracy) is usually significantly lower than the normal about 25-49%. Therefore, if it can become a general law through a referendum, it is undoubted that the foundation of its democratic legitimacy appears a little weak. Furthermore, from a socially selective point of view: from an empirical point of view, participation in a referendum present a clearer social class imbalance than a general election The number of women at the bottom and women has always been less than the high-ranking and personnel and men, and the few who form a high-ranking power determine the fate of the underlying weak majority. Therefore, the state must take into account the implementation of integration measures, integrated democratization, and the focus is on the necessary conditions for how deliberative democracy can be practiced. People are never homogenous to the masses, so it is inevitable to try to lowering unequal class differential lines between each other, and improving the quality and corresponding quantity levels of both sides can further deepen the democratic system.