二○一六年中央憲政體制改革之契機與展望──從憲政現實觀點出發

A Turing Point and Prospect of Constitutional Law Reform on the Structure of Central Government in 2016 - From the Reality Perspective

我國憲法雖經由數次修正獲得民主正當性，然內容上均因部分修憲及在憲法本文以外另訂增修條文方式，而造成憲法不完整，亦使規範憲政機關基礎之權力分立與制衡原則的功能不彰，甚至造成憲政危機。此從太陽花學運及至去年國民黨政爭所延續的憲政爭議中均可看出。雖國、民兩黨去年因學生運動被帶動修憲，而提出各種修憲草案，然在政黨相互抗衡，且已近總統及國會選舉之際，均無法在立法院通過。然本文認為明年大選結束卻是全面修憲的契機，因此提出修憲要件及時程，並同時針對中央憲政體制的混亂提出制度建議，期能在明年大選後，逐步建立長治久安之憲政秩序。

The Legitimacy of Taiwan’s Constitution was intensified by its amendments from 1990s. Because some articles of the amendments and the restriction of amendments, the constitution became incomplete, the function of separation of powers, the principle of check and balance were weaken, and even the crisis of constitutionalism occurred. These critical constitutional issues could be found from the Sun-Flower Demonstration led by students and political conflict happened inside the KMT in 2013-2014. Although several drafts of the amendment of the constitution were proposed to the Congress, none of them could be passed, especially against the backdrop of drastic fights among parties and the approaching of presidential and congressional election in 2016. This paper argued that it will be a proper moment to revise the constitution comprehensively after the election. Therefore, this paper proposed the basic components and timeline for constitution reform. Also, to establish a steady and feasible order of the constitution, this paper made institutional suggestions for the structure of central government after the election of 2016.