The Theoretic Discussion of Constitution Amendment Limitation in Taiwan
Resource
國家發展研究, 2(2), 067-105
Journal
國家發展研究
Journal Volume
2
Journal Issue
2
Pages
067-105
Date Issued
2003-06
Date
2003-06
Author(s)
Yao, C.Y.
Abstract
Relate to theory of Constitution Amendment Limitation, it is summarily divided into "Doctrine of limitation" and "Doctrine of un-limitation" in tradition. But does it is an actual thing that the Constitution amendment itself has limitation since the explanation of Su Tzu (Explanation Character) No. 499 was published? or the exist Five-power system of Constitutional organization can be altered into as Three-power system ones (Powers of Executive、Legislative and Judicial) in the future amendment? or as main political entity the "National Assembly" system for which is an important design and achievement on the basis of Dr. Sun Yat-Sen Thinking and Three people's Principles, is hereby abolished? So far, aforesaid problems still not reach the conclusion, in spite of various doctrines and views were forwarded and proposed. This thesis is compiled here to analyzing the difference between historic situations and theoretic practices of Constitution amendment extent by the theories and practical executions of world’s Constitution amendment limitation that applied, in order to clarify the adequate theory of Constitution amendment limitation in which appropriate to the specific national situation of Taiwan. Because the clarification to the dispute of Constitution amendment limitation is critical important to the Constitutional development of Taiwan, and this is also the important purpose of this thesis.
Subjects
憲法修改
制定新憲
修憲界限
Constitution amendment
Stipulation of new Constitution
Constitution amendment limitation
Type
journal article
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