- 期刊
定位憲法法庭：從憲法訴訟法新制下之選案與主筆制開始
Positioning the Constitutional Court: Case Selection and Judicial Authorship under the New Constitutional Court Procedure Act
摘要
憲法訴訟法於2022年1月生效以來，至6月底為止，憲法法庭公布了10號判決，且依據新法的程序規定，憲法法庭目前都以對外公開且網路直播的方式，平均每個月召開一場以上的言詞辯論。告別大法官會議時代，法庭化、訴訟化、裁判化後，我國正式迎來更加公開透明、更與民眾親近的憲法訴訟程序與憲法法庭。這些看似程序上的變革，將使向來規範密度極低的司法違憲審查、乃至整體憲政實踐走入全新紀元。其中，藉由比較我國憲法法庭與美國聯邦最高法院，在選案機制與主筆顯名制這兩項設計上之同異，本文就新的憲法訴訟制度可能如何影響憲法法庭在我國憲政下之定位與未來發展，提出初步觀察。
並列摘要
Since the Constitutional Court Procedure Act took effect in January, the Constitutional Court has issued 10 decisions, and as per the procedural requirements of the new Act, the Constitutional Court has held on average at least one oral argument per month in the form of open court sessions as well as live streaming. After the era of the Council of Grand Justices, we are now looking at a Constitutional Court and a constitutional litigation process that are more open, more transparent, and much closer to the public, with the further "tribunal-ization," "litigation-ization," and "adjudication-ization." These seemingly procedural changes will usher in a new era of judicial review and of constitutionalism in general, which has been largely unregulated. By comparing the similarities and differences between the design of our Constitutional Court and that of the Supreme Court of the United States in terms of case selection and judicial authorship, inter alia, this article offers preliminary observations on how the new constitutional litigation system may affect the positioning and future development of the Constitutional Court under our constitutional system.