憲法變遷的機制與程序
Date Issued
2005
Date
2005
Author(s)
DOI
932414H002022
Abstract
The last decade saw a vibrant development in constitutional change. This
development occurred not only in Taiwan but also across borders. Locally, Six rounds
of constitutional change in the 1990s marked the unprecedented constitutional
development of Taiwan. Globally, European Union finished a draft Constitution in
2003 and the third-wave democracies either generated a new Constitution or tackled
several rounds of constitutional revision. This exciting development has, not
surprisingly, revitalized the discourse on constitutional change.
Unfortunately, however, the renewed discourse has been concerned merely with
the substance of change, but overlooked its institutional and procedural aspects. In the
moment of constitutional change, should the procedure of change be regulated by
politics, by constitution or by law? Under what principles should these procedural
issues be tackled? Must we vest the power of change to constitutional convention or
constitutional assembly? Or instead, ordinary parliament may be eligible for fulfilling
this requirement. Will public referendum be a necessary legitimating element for
constitutional change? To what extent constitutional expert may take any role in the
process? All in all, what procedure to take if the new constitutional regime is built
under the principle of constitutionalism, democracy and rule of law?
To answer these issues, this project proposes to analyze transnational practices of
constitutional change from the perspective of procedure and institution. Moreover,
this project will also look into different theories of democracy and examine whether
they will provide certain preferences and requirements for procedural and institutional
designs of constitutional change. Certain analytical framework and evaluative
standards will be developed accordingly.
Finally, some conclusions will be drawn from the above transnational and
theoretical examinations and apply to Taiwan ’s prospective constitutional change.
After various proposals of constitutional change were put on the table by political
parties, Taiwan is seeing the next wave of constitutional change and thus its
procedures and institutions such as constitutional committee, enlarged citizen
participation, public referendum or even judicial review must be designed with
deliberation and sophistication. Hopefully, this project will be concluded with useful
devices concerning those procedural and institutional designs.
Subjects
Constitutional Chang
Constitution Making
Constitutional Revision
Constitution-Making Process
Amendment Process Constitution
Convention
Constitutional Assembly
Constitutionalism
Publisher
臺北市：國立臺灣大學法律學系暨研究所
Type
report
File(s)![Thumbnail Image]()
Loading...
Name
932414H002022.pdf
Size
306.24 KB
Format
Adobe PDF
Checksum
(MD5):98766c8b45f6aeb1c3b69b31fb560e95