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|Other Titles:||Further Discussion on the Reform of ROC's Governmental System: The Perspective of French Constitutional Reform of 2008|
French Fifth Republic;Semi-presidential System;Minority Government;French Constitutional Amendment in 2008;Representative Alternate System;Countersign System;Premierpresidential System
|Issue Date:||2016-06-17 16:58:31 (UTC+8)|
The question about which governmental system should be in place in the ROC has long been a subject of debate. Since the change in government in 2000, such disputes have become more intense while the executive power is held by the minority party in the Legislative Yuan. The minority government, which lasted 8 years, has led to fierce constitutional conflicts. The positioning of the constitutional regime has often been raised in disputes, and has also been considered to be the main reason for these controversies. Beginning with constitutional conflicts and disputes, this paper summarizes the position taken by the Grand Justices in dealing with constitutional controversies since the passage of the Constitutional Amendment in 1997. Subsequently, we clarify the definition of the actual constitutional regime, analyze the major deficiencies in the current system, and identify ways of how to improve it. The future prospect of constitutional reform can be discussed from the perspective of comparative law. It is found that both the particle content of the French Constitutional Amendment in 2008 and the mainstream views about the reform direction of the semi-presidential system are all preferable to the reduction of the power of president, and forward to the parliamentary cabinet system. In other words, the argument is developed toward semi-presidential system, which takes the prime minister as the power center. In fact, the constitutional framework of the ROC is a semi-presidential system, which takes the premier of the Executive Yuan as the head of the executive branch. It is indeed the more satisfactory semi-presidential system, as has been noted by French elites. Practically speaking, without going through the procedure of constitutional amendment, the existing system of the ROC may be wellfunctioning as long as it makes appropriate adjustments.
Chengchi law review
|Appears in Collections:||[法學評論 TSSCI] 期刊論文|
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