從基隆護海公投案論中央與地方之權限劃分與監督

Division of Authority and Supervision Between the Central and Lo-cal Governments from the Keelung Referendum on Marine Conser-vation

隨著我國能源政策的轉型，既有火力、核能發電廠陸續除役或改建，興建新式發電廠需求愈發迫切，然而大型開發案的出現，勢必與環境保護發生衝突，晚近以環境保護為主軸的地方自治呼聲與日俱增，屢屢與中央之開發政策相左。究其因，此種僵局乃因我國對於中央與地方之權限劃分不清所致，然而權限劃分制度涉及憲法規定，若欲更改恐需修憲，因此在法制面有通盤檢討修正前，對於具體事項之權限，毋寧有個別討論之必要。因此，本文就本次爭議中，中央與地方分別主張之論點加以評析，檢視其是否符合我國憲法所規定之中央與地方分權制度，並提出本文見解。
又本次協和電廠之增建，地方人民欲以地方性公投加以阻止，產生了中央與地方不同調的情況，此時現行公民投票法對於此種權限紛爭規定不足，形成規範漏洞，本文亦將參照地方制度法及電業法、商港法等個別專業法律之規範，提出現行法之解決之道，與立法論建議，試圖從制度上解決紛爭問題。並希望藉由完善的監督機制，以達成避免因過於強烈的干預手段，導致行政成本浪費、中央與地方關係緊張的不良後果。

With the transformation of our country’s energy policy, existing thermal and nuclear power plants are gradually decommissioned or rebuilt, and the demand for new power plants is becoming more urgent. However, the emergence of large-scale development projects is bound to conflict with environmental protection. Recently, the call for local autonomy with a focus on environmental protection has been increasing, repeatedly conflicting with the central government’s development policies. The reason for this impasse is that our country’s division of authority between the central and local governments is unclear. However, the system of power allocation involves constitutional provisions, and if there is a desire to make changes, it may require an amendment to the constitution. Therefore, before thorough review and revision of the legal system, there is a need for individual discussions on specific matters of authority. Therefore, this article critically examines the arguments put forth by the central and local authorities in the current dispute, assesses whether they align with the system of central and local separation of powers as defined by our country’s constitution, and presents the opinions of this article.
At this time, the increase in the construction of the Xiehe Power Plant has led to a situation where local people want to stop it through a local referendum, resulting in a disagreement between the central and local governments. The current Referendum Act in our country lacks enoughs pecific provisions for such authority disputes, resulting in a regulatory loophole. This article will also refer to the norms of specific professional laws, such as the Local Government Act, the Electricity Act, and the Commercial Port Act, put forward the solution of the current law, and make suggestions on legislation, trying to solve the dispute from the system. And it is hoped that through an enhanced oversight mechanism, adverse consequences such as the waste of administrative costs and tense central-local relations resulting from excessive intervention measures can be avoided.