論立法機關之立法提案權──兼論法案之草擬

A Study on Legislative Department’s Right to Proposals of Bills: Also on the Drafting Process

法律提案作為立法程序的起點與關鍵環節，長期以來並未成為憲法學界的研究重點。相較於行政院與考試院之提案權分別有憲法明文規定，司法院與監察院則透過大法官解釋獲得正當性，立法院的立法提案權卻無明確的憲法依據，僅於「立法院組織法」及「立法院議事規則」中承認立法委員及黨團的提案權。本文擬先探討現行政府體制下立法提案權的歸屬，之後進一步分析立法部門作為多元民意機關，其與行政部門等主管機關在法案提案上之功能角色差異。最後指出，立法機關於法案草擬階段應履行立法事實調查與政策評估之義務，以提升立法之專業性與正當性。

As the starting point and a crucial component of the legislative process, legislative proposals have not attracted much discussions in constitutional law. Unlike the Executive Yuan and Examination Yuan, whose rights to initiate legislation are explicitly stipulated in the Constitution, the legislative proposal powers of the Judicial Yuan and Control Yuan have been acknowledged through constitutional interpretation by the Justices. In contrast, the Legislative Yuan's power to propose legislation lacks a clear constitutional foundation, being recognized only through the Organic Act of the Legislative Yuan and its Rules of Procedure, which confer such rights upon legislators and party caucuses. This article examines the allocation of the power to initiate legislation within Taiwan’s current governmental system and explores the differences between legislators and party caucuses—and administrative agencies in terms of legislative initiative. The article concludes by emphasizing the Legislative Yuan’s duty to conduct factual investigations and policy assessments during the drafting stage, thereby ensuring professionalism and legitimacy in the legislative process.