A Study of Interaction Between The Executive Power and The Legislative Power —An Example of The Implementation of The Constitution in Taiwan and After Its Amendment
Date Issued
2009
Date
2009
Author(s)
Tso, Hung-Der
Abstract
Taiwan had divided government for eight years since the country had been through seven rounds of constitutional amendments, four times of presidential elections, six times of legislative elections, and two times of changes of power. There have been significant revisions to both the executive power and the legislative power. A purpose of this research is to find out what the relationship between the executive branch and the legislative branch is? The paper also discusses whether the executive power shall fall upon the president or the premier theoretically from the perspective of the constitution and realistically based on how the Constitutional is implemented.he paper applies historical institutionalism to the study on the executive power and the legislative power, discussing the issue in terms of motivations, institution, transition, and results. The paper studies whether the Constitution is being carried out in a way as it is written. First, the paper discusses the impact of the interaction of occasional and unexpected factors (historical structure, cultural structure, and social structure) in various stages of Constitutional amendments on the new regulations in the Constitution. The second part of the paper discusses the dynamic process of how the new regulations in the Constitution have been implemented in reality as well as major Constitutional events. The last part of the paper discusses the result of transitions in the constitutions (A research into the facts of the power structure and relationships between the executive power and the legislative power.)s the executive branch and the legislative branch are two main powers of a country’s politics, whether they have benign interaction has to do with the efficiency in the administration and the stability in politics. Taiwan has seven rounds of Constitutional amendments after the martial law was lifted and the period of national mobilization for suppression of the Communist rebellion was ended. The main points of the constitutional amendments focused on making adjustments to the executive power and the legislative power. The implementation of the constitution over the years had shown some flaws in the system. There are six findings of the study: the position of the central government is ambiguous; the country’s constitutional development is on track; the authority of the president is given by the Constitution; the president has power without responsibility while the premier has responsibility without power, which is against the principle of politics of responsibility; the legislative branch becomes more powerful and the executive branch has to respect the legislative power; the personal willing of the party leader who dominate the constitution amendments is the most important factor that can influence the results of the amendments. At the last part of the paper, it proposed five suggestions: to synchronize the date of election and inauguration of the legislature and the president, to develop a sound party politics, to deprive the legislature of the right to call a no-confidence vote and to deprive the executive branch of the right to dissolve the legislature, to clarify the relationships between power and responsibility of the president and the premier, to establish an absolute majority in presidential election system.
Subjects
Executive Power
Legislative Power
Divided Government
Unified Government
Divisions of Power
Type
thesis
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