合憲改革抑或違憲擴權？（上）──2024年國會調查權修法爭議平議

Constitutional Congressional Reform or Unconstitutional Congressional Aggrandizement? —A Legal Analysis of the Controversy Surrounding the 2024 Legislation on Congressional Investigative Powers

涵蓋了總統國情報告、人事同意權審查、調查與聽證以及藐視國會罪等具體規定，被立法院多數視為「國會改革」的法案，卻被執政黨質疑是程序與實體俱為違憲的「國會擴權」法案。本文在檢視釋憲實務先例後，認為系爭規定在立法程序上確實存在瑕疵，但尚未至重大明顯以致於應被司法宣告違憲的程度；至於實體上有違憲疑慮之規定，則主張司法宜善用「合憲法律解釋原則」調和正反意見，以落實釋字第585號解釋「調查權乃立法院『必要、輔助的固有權力』」之意旨。

The Legislative Yuan passed the bill, which includes specific provisions such as the President’s national intelligence report, the review of personnel appointment consent, Congressional investigations and hearings, and the offense of contempt of Congress. This enactment is considered by the majority in Congress as an achievement of“congressional reform,”whereas it has been attacked by the ruling party as an attempt of“congressional aggrandizement”that is both procedurally and substantively unconstitutional. This article argues that while there are indeed some procedural flaws in the legislative process of the contested provisions, in light of judicial precedents, they are not“manifest and gross”so as to warrant a judicial declaration of unconstitutionality. As for provisions with substantive concerns of constitutionality, this article advocates that the Constitutional Court had better follow the principle of“the presumption of constitutionality”to reconcile opposing views, thereby implementing the essence of the J.Y Interpretation No. 585 that“the Legislative Yuan’s investigative power is an inherent and subsidiary power necessary for the Congress to exercise its constitutional powers and authorities.”