從第八屆立法委員若干修憲提案看憲法終極價值的選擇

Value Choices in Constitutional Amendment Proposals

Law is the norm of values. Constitution, as the supreme and fundamental norm, constitutes the supreme and fundamental norm of values and consequently creates a hierarchical order of norm. Amendment to the Constitution, on the other hand, alters the supreme norms, concomitantly occasioning change of the hierarchical order among the supreme and fundamental norms of values. This short paper, grounded in a survey of a number of separate constitutional amendments proposed by the congressional members in Taiwan within a recent interval, attempts to explore the hidden value choices behind the topics set forth. The end values cherished by the constitutional norm will be examined first, followed by a review of the associated value adjustment as well as the intended alteration of hierarchical value order.