憲法「國民經濟」條文之探討

A Study on the “National Economy” Provisions in the ROC Constitution

我憲法追隨德國威瑪憲法模式，灌注社會主義闢設國民經濟、社會安全章節；1946年制憲時，洋溢社會主義精神的「國民經濟」條款，是很時麾、走在時代尖端的。惜物換星移，當前潮流是全球化無疆界市場，一切以競爭力為導向，一般經濟學家多堅持自由經濟理念。人類思潮變化萬千，成文憲法剛性難修，而經濟條款必須充分彈性以適應時空變化，加上美國與德國憲政經驗之示範，故提議憲法放棄規範社經體制，交付定期改選的行政、立法部門去擘劃、執行，讓憲法和一般法律依層次、屬性分工，各司其職，各彰其能。

Influenced by the model of Weimar Germany, the Republic of China’s Constitution passed in 1946 included provisions on national economy and social security. At that time, the socialist spirit embodied in the “National Economy” provisions was widely popular and had come to the fore as the leading international trend in political ideology. However, this situation has changed with the times, and socialism has now been displaced by the competition-oriented trends of globalization, the global village, and the borderless global marketplace. Recognizing that the market economy enables the most efficient utilization of resources, economists nowadays are mostly advocates of free-market economics. A written constitution cannot easily be amended to keep up with the constantly changing tide of human thinking. As economic provisions are of a detailed, technical nature and need flexibility in their application, the authors suggest that socio-economic matters be excluded from the constitution, as exemplified by the experience of the United States and Germany, and instead be determined under the decision-making powers of the regularly re-elected administration and legislature. This would ensure that constitutional law and general law would each be able to fulfill their separate designated functions to the optimum extent.