학술논문

第七次修憲後民進黨推動第二階段憲改之歷程與走向 / The Process and Trend of the Second-phase Constitutional Re-engineering Initiated by DPP after the 7(superscript th) Constitutional Amendment
Document Type
Article
Source
中華人文社會學報 / Chung Hua Journal of Humanities and Social Sciences. Issue 5, p56-85. 30 p.
Subject
民主進步黨
第七次修憲
第二階段憲政改造
Democratic Progressive Party
the 7(superscript th) Constitutional Amendment
the Second-phase Constitutional Re-engineering
Language
繁體中文
ISSN
1814-2826
Abstract
After the Ad-hoc National Assembly passed the 7(superscript th) constitutional amendment in 2005, President Chen put forward a policy statement for ”the second phase constitutional re-engineering”. DPP started drafting a new constitution and released a complete constitutional reform draft proposal in September 2006. What is different from the previous amendments is that DPP's current approach to reform has the flexibility for the dispute on the issue of sovereignty and calls for a direct revision of the main body of the constitution, increasing the protection of human rights, and a universal reform of the constitutional system. The 7(superscript th) amendment abolishes the National Assembly and reduces the number of the legislator to a half. In the unicameral parliamentary system, the power to amend the constitution vests in the Legislative Yuan. The effect of ”halving the number of legislator” gives more power to legislators in the process of constitution reforms. As a result, political parties have to pay more attention to individual legislator's needs and interests, as well as directing more resources towards lobbying in order to yield a consensus. The impossibly high constitutional revisions threshold for passage requires any proposal for revision to be consistent with the collective interests of the parliament or the collective interests of the citizens. As for the new constitutional right to referendum, it may serve as the checks and balances on the parliamentary collective interests. In this context, it is foreseeable that the direction for the future constitutional reform in Taiwan is heading towards a parliamentary constitutional system, and at the same time increasing the protection of human rights.

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