The responsiveness of government to citizens is the central concern in normative democratic theory. Referendum is one of the means to accomplish this ideal. There have been, on the part of the referendum , accumulated experiences and fruitful results in the Western advanced democratic countries. Since 1990, nineteen local plebiscites have been held in Taiwan. The passing of the referendum law is an important milestone of Taiwan¡¦s democratic deepening. However, judging from the continued controversy on the referendum. Especially, referendum is the the settlement of dispute between exective and legislative . I attempt to find some theory from referendum and solve the settlement of dispute between exective and legislative.

The idea of ¡¥semi-presidential system¡¦ was proposed by Duverger (1980), and it aroused substantial following studies. Newly rising democratic countries have also adopted semi-presidential system. After 1990, Taiwan also adopted a semi-presidential systems right after the constitution revised. As the member of the system, the understanding and improvement of theoretical and practical for the system is necessary and timing. This study will plan to compare the constitutional frameworks and operational types of semi-presidential countries between France and Taiwan. We try to find the variables that influence the constitutional operation. We expect this study can provide a causal model for the further empirical research. After compare the constitutional statues and its operations difference between France and Taiwan, we have the constitutional statues boundary of semi-presidential system. We also have the constitutional operations basic rule by constitutional interpretation. To be a normative constitution, that is, its norms govern the political process or the power process adjusts itself to the norms, constitutional operations should be operate between the ¡§boundary¡¨ and the ¡§basic rule¡¨. We expect this study can provide a dialogue platform between political science and law and construct an operative standard for judicial review.

In recent years, methodology of new institutionalism has gradually been the crucial feature of the researches on constitutional system. By pointing out the political actors who affect constitutional operation, the context of institution that constructs constitutional rules, and the social structure accompanied with constitutional culture, etc., the new institutionalism even replaces the old institutionalism in constitutional analysis. However, due to incompatible roots in methodology, new institutionalism has raised more and more disputes. In addition, derived from the same origin that presented historically and methodically, new institutionalism and its old counterpart share some assumptions that make it difficult to divide on institutional approach. Therefore, by the comparative viewpoint of old and new institutionalism approaches, this thesis will integrate them into the analysis of institutional change, and apply to the constitutional change in R.O.C. (1947-2007). Through this way, this thesis will base on the design and operation of the constitutional system of R.O.C. and carry on cause and effect analysis according to the historical context. By several specific time sequences of the path of institutional change, include: crucial moments and changes of the system origin, institutional structure and crisis met, interactive actors¡¦ preferences and tactics, this thesis will also plan to observe the starting point, development of the path and assess its prospect. Moreover, abide by the old and new institutionalism approaches are derived from the same origin, meanwhile, the concepts of ¡§constitution¡¨ and ¡§constitutionalism¡¨ also do combine with them, the purpose of this thesis is to confirm the dimensions of ¡§constitutional law¡¨, ¡§constitutional operation¡¨ and ¡§spirit of constitutionalism¡¨ in Taiwan¡¦s semi-presidential system. Thus, by the comparative viewpoint of old and new institutionalism approaches, this thesis will analyze three main problems of Taiwan¡¦s constitutional operations revealed by the president-premier-Legislative Yuan interactions through the perspectives of ¡§constitutional law¡¨, ¡§constitutional operation¡¨ and ¡§spirit of constitutionalism.¡¨ The concern of this thesis is to establish a new analytical framework which could find out constitutional problems effectively, and propose the solutions.

Dissertation deals with the question if the first Czechoslovak Republic had signs of semipresidential regime. The theoretical part deals with the theoretical definition of parliamentary, presidential and semi- presidential system. The practical part is divided into several parts, which dealt with the institution of the president of Czechoslovakia and its role in the political system and the characteristics of the Weimar Republic. The presidential term TG Masaryk focuses on the constitution of the head of state and its real political influence on the formation and activities of governments. The thesis also examines the status of Edvard Benes as President of the Republic at the time of the Munich crisis and February 1948, including his time in exile government. The study of the Weimar Republic, focused on the position of Reich President and compares it with the Czechoslovak head of state. Powered by TCPDF (www.tcpdf.org)

Dissertation deals with the question if the first Czechoslovak Republic had signs of semipresidential regime. The theoretical part deals with the theoretical definition of parliamentary, presidential and semi- presidential system. The practical part is divided into several parts, which dealt with the institution of the president of Czechoslovakia and its role in the political system and the characteristics of the Weimar Republic. The presidential term TG Masaryk focuses on the constitution of the head of state and its real political influence on the formation and activities of governments. The thesis also examines the status of Edvard Benes as President of the Republic at the time of the Munich crisis and February 1948, including his time in exile government. The study of the Weimar Republic, focused on the position of Reich President and compares it with the Czechoslovak head of state. Powered by TCPDF (www.tcpdf.org)

The purpose of this thesis is to describe V. French Republic, its unique mode of operation and particularly the position of president, as a characteristic symbol of semi- presidential systems. The beginning of the thesis and its first chapter is devoted to historical conditions and circumstances that led to the creation of the Fifth Republic. Afterwards, the work describes basic political institutions of the French system. The second part of the work deals with various theories of the semi-presidential systems and understanding of the French prototype within these definitions. The third chapter then compares the political practice in the United States and France. Likewise it compares the two kinds of presidents in those countries. Finally, the theme of the final chapter is French president's ability to govern as a modern "monarch" within the V. French Republic. Keywords V. French Republic; Semi-presidential system; cohabitation; President; Prime Minister; Political culture; United States of America; constitution