跨國憲政主義：台灣面對區域整合與全球化的憲法議題

Seen from a global angle, it has been
apparent that the focus of constitutionalism
has been shifted dramatically. Traditionally,
the concept of constitutionalism, classical
and transitional, has been confined with the
physical boundary of nation-state. The focus
of discourse in transitional constitutionalism
that the third-wave democratization brought
with it was what happened in terms of
constitutional norms and practices within the
parameters of a particular nation. Yet, with
the accelerating speed of regional integration
and globalization, the orientation of
constitutionalism has been turned to regional
and global. A new concept of transnational
constitutionalism has emerged and some
scholars even declare that an era of world
constitutionalism has arrived.
The fast development of regional
integration and globalization, on the one
hand, poses a great threat to the concept of
nation state originated from the fixed
boundary of territories. On the other hand,
however, it has fueled paradoxically a new
constitutional discourse beyond national
boundaries. With regional integration and
globalization, it is intriguing whether
national constitution or regional pact may
still function as fundamental norm of a nation
or within the region. Transnational
constitutionalism, an emerging issue of
constitutional laws, places an acute focus on
the inquiry of whether constitutions may
provide effectively dialogue and mechanism
for change.
For Taiwan, a nation that has been
troubled by international isolation and yet
empowered by the renaissance of
constitutional developments, the current
development of transnational
constitutionalism bears special underpinnings.
After rounds of constitutional revisions,
constitutional reform in Taiwan is far from
complete. Notwithstanding persistent
constitutional deadlocks followed by the
presidential election in 2000 that brought a
transfer of government power, Taiwan was
faced with the increasing pressure and
international demands for cross-strait
negotiations and more positive engagement.
Meanwhile, with the global trend of
integration, economic and political alike,
Taiwan needs to delineate these complex
issues more in a global perspective. As the
development of transnational
constitutionalism has transformed
constitutional discourse, constitutional
engagement has become possible to go
beyond any physical/static boundaries of
nation states.
This study attempts to analyze the
dynamics and contexts, within which
transnational constitutionalism has been
developed, as well as the theoretical
foundations. In so doing, it seeks to respond,
while not providing a definite answer, to
cross- strait negotiations and globalization
from the perspective of Taiwan.