我國行政、立法制衡關係之檢討－以立法院第8屆修憲提案為中心

我國憲法前言明文規定遵循孫中山先生之遺教，我國於1947年行憲，並於1991年至2005年間進行7次修憲，其中尤其在政府體制部分，相較憲法本文規定，已有相當調整。立法院第8屆（2012年2月至2016年1月）任期迄今，目前共計有數十個憲法修正提案分別就政府體制及人權保障等議題提出修正。我國現行雙首長制導致權責不清，有關行政、立法之權力分立設計並未達其制衡之目的。立法院第8屆修憲提案傾向改為內閣制，惟修正幅度似仍嫌不足，我國總統仍係有權無責，難以解決政治實務上所生憲政難題。

關鍵字

孫中山先生；行政立法制衡；權力分立；憲法修正；內閣制

並列摘要

The Constitution of the Republic of China was established in accordance with the teachings of Dr. Sun Yat-Sen, and promulgated in 1947. The Constitution was amended seven times from 1991 to 2005, in particular with respect to the government system, which has deviated considerably from the original version of the Constitution. Since the amendments of Constitution by the Eighth Legislative Yuan (from February 2012 to January 2016) until the present day, the ruling and opposing parties have submitted dozens of proposals for amending the provision regarding the government system and human rights protection system in the Constitution. The concept of a semi-presidentialism currently implemented in Taiwan has led to unclear division of power and responsibilities. In addition, the designed separation of power in the administration and legislation systems has failed to achieve the purpose of check and balance. Now the proposals submitted for the amendments of Constitution by the Legislative Yuan primarily focused on reforming the government structure into one that involves a parliamentary system. However, the magnitude of such revision remains inadequate. Consequently, the President still owns power, but lacks responsibility. Therefore, the problems in the constitutional system with regard to the government structure will remain unresolved.