| 英文摘要 |
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.” |
