Please use this identifier to cite or link to this item:

Title: The Interrelationships Among the President, Parties and the Parliament: Focusing on the Constitutional Basis and Limits of Party Influence on Political Policy
Authors: 詹鎮榮
Contributors: 法律系
Keywords: Political Party;Leadership of National Policy;the Freedom of Political Parties;Equality of Political Parties;Non-Constituency Legislator;withdrawal of Party Membership
政黨;國政領導;政黨自由;政黨平等;全國不分區立委;撤銷 黨籍
Date: 2016-01
Issue Date: 2018-08-15 17:11:11 (UTC+8)
Abstract: Under the demand of the constitutional order to maintain the due course of political parties, the role of the parties shall not be limited as merely a “proposer”, recommending the lists of candidates in official elections. Furthermore, the political parties should take every legal and non-legal means to transform itself into a “participator”. Under the constitutional scheme of separation of powers, the influence of political parties on the leadership of national policy can be demonstrated particularly in both executive and legislative branches. Based on the freedom of political parties, which is protected by the constitution, parties thereof enjoy the right to engage in the national policy leadership. However, the influence of political parties is everywhere in the national policy leadership agencies such as the President and the parliament, which complicates the mutual or tripartite relationships among the parties, the President and the parliament. Owing to the principle of separation of the party and the government administration, there should be a boundary concerning to the influence of parties on the national policy leadership. Taking the constitutional practice in Taiwan as an example, the President is not prohibited to be the party chairman at the same time; nevertheless, the roles and the authority of offices shall be strictly separated. Another example is that, if a non-constituency legislator is expelled from the party membership due to party discipline, he or she inevitably would also be not qualified to continue his or her role as a legislator anymore. In such case, unless the act of the said legislator is so severe as to undermine the participation of the political party in the scope of legislation in the national policy leadership, the withdrawal of the party membership should still be rigidly limited.
Relation: 憲政時代, Vol.41, No.3, pp.421-456
Data Type: article
DOI 連結:
Appears in Collections:[法律學系] 期刊論文

Files in This Item:

File Description SizeFormat

All items in 學術集成 are protected by copyright, with all rights reserved.

社群 sharing