The Concept of “National Security” in Taiwan’s Laws and Regulations
Resource
國家發展研究, 9(2), 27-79
Journal
國家發展研究
Journal Volume
9
Journal Issue
2
Pages
27-79
Date Issued
2010-06
Date
2010-06
Author(s)
Yu, C.T.
Abstract
The uses of “national security” are easily found in Taiwan’s Laws and Regulations, but its meaning is quite ambiguous. The only definition of “national security” we can find is in the Article 2 of the Act of the National Security Council, which writes ’the “national security” are those concerning National Defense Affairs, Foreign Affairs, Cross-Straight Affairs and nation-wide severe calamities’ .In this article, the author examined the National Laws and Regulations Database of Ministry of Justice, by using the Grounded Theory to check the meaning of “national security” in Taiwan’s Laws and Regulations.
In this article, we conclude that there are two different concept of “national security”, one is the explicit category which the meaning is the same with the Article 2 of the Act of the National Security Council, the other one is its implicit category which imply that the national security also includes national security intelligence and national security maintenance. In Taiwan’s constitutional practice, Taiwan’s president can not only executive his power according to the explicit national security powers of the National Security Council, but also use the implicit national security powers by using other national security organizations.
Subjects
國家安全、國防、外交、兩岸關係、國家重大變故
national security、national defense affairs、foreign affairs、cross-straight affairs 、nation-wide severe calamities
Type
journal article
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