Abolition of the National Assembly System： A Causation Study and Its Implication in the Rule by Constitution ─ Viewed in the perspective of The 7th Constitutional Amendment
Resource
國家發展研究, 9(2), 163-205
Journal
國家發展研究
Journal Volume
9
Journal Issue
2
Pages
163-205
Date Issued
2010-06
Date
2010-06
Author(s)
Yao, C.Y.
Chang, S.C.
Abstract
The National Assembly System, as the central theme of the Regime known as the Republic of China, is a fundamental design and achievement of Dr. Sun Yat Sen’s philosophy culminated in Samminjouilles. Yet, why is it that founded under and pursuant to ROC Constitution, Article 25, and in the name of the entirety of the ROC citizenry in the exercise of the power of the state, the National Assembly was firstly renovated to a so-called Mission-bounded National Assembly, thence, by the working of the 7th Amendment to the Constitution, totally put out of function ？ This puzzle certainly deserves a profound study and in-depth review, at a time when the society at large is overridingly concered about more of issues such as：revision of the Legislator Election System, Reduction of the Legislator Quota, incorporation of the Plebiscite System into the Constitution, than it is with regard to the abolition of the National Assembly System which is as much an issue embodied in the 7th Amendment, because abolition of the National Assembly bears two important constitutional intents；firstly, as explicated in this paper, the abolition of the National Assembly by the working of the 7th Amendment rightly challenges the traditional assertion that ours is a State built on the Five-Power Constitution, as much as it breaks down the condition precedent consensus that the Constitution Amendment should in no way tamper with Dr. Sun Yat Sen’s Legacy, namely：Samminjouilles；secondly the Popular Representation System of our country is uniquely distinguished from most democratic states around the world in the design of a pluralistic national assembly system, the rather ambiguous nature of our pluralistic legislative design has given occasion to frequent contentions between the Legislative Yuan and the National Assembly, that explains why the seventh amendment to abolition the National Assembly System getting at work not only puts an end to the pluralistic Congress disputation, but also bids in the era of‘Sole Congress’system in our country.
Subjects
立法院、國民大會、憲法修改、修憲界限、任務型國民大會
Legislative Yuan , National Assembly , Constitutional amending , Constitution amendment limitation , Mission-bounded National Assembly
Type
journal article
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