「五五憲草」之憲政體制的演變

The Development of Constitutional Government System on “May Fifth Draft Constitution”

「五五憲草」雖為一般公認較能體現孫中山憲政主張的憲法草案，然而依循孫中山權能區分理念架構下的五五憲草憲政體制設計型態，為何會在中國國民黨主導的制憲過程中屢遭質疑，甚而最終被修正為與其原始理念背道而馳的體制型態？本文希望透過制憲歷史的回顧與學理分析，勾勒此一體制議題有關「法」與「力」的競逐過程與結果。

“May Fifth Draft Constitution” is recognized as a draft that can better realize Sun Yat-sen’s advocacy of constitution. The constitutional device of “May Fifth Draft Constitution” is constructed according to Sun Yat-sen’s idea of the division of people’s right and government’s power. These constitutional arrangements were, however, continually challenged during the process of making constitution, even though this process was dominated by KMT. In the end these constitutional devices were rectified as deviating from the original ideas of “May Fifth Draft Constitution”. By means of a historical review and theoretical analysis this article attempts to figure out this constitutional issue with respect to the competition of law and power, as well as its result.