Separation of powers, the rise of liberalism in eighteenth century and flourished in Europe, it curbs excessive concentration of state power through checks and balances, especially focus on the confrontation between each other. Nowadays it has evolved modern constitution contains two parts: the core components of human rights and the framework of separation of powers. Because the traditional theory of separation of powers derived from the distrust which people have the state power and exercise it. These people oppose the right of any advantage, they often confine to the core areas of power, coupled with the abstract of separation of powers principle itself. They are out of date and can not put forward the best and most functional theories. Also, asking national affairs should be played by the best conditions in all aspects of the sector within the organization, functions and the mode of decisions, and achieve the purpose of suppression of state power.
In this paper, we analyzed the explanation and its reason of the petition No. 585 by using the traditional constitutional interpretation method to the new functional interpretation and figurative interpretation to interpret the traditional and fixed separation of powers to dynamic separation of powers. The main core of this paper is to probe into the evolution of our constitutional system. Using our current semi-presidentialism contrasts to the German Weimar Constitution which is one of our constitutional origins and is the prototype of semi-presidentialism. Comparing these two constitutions and try to find out the point and bring up recommendations.
The essential of the Constitution in line with people¡¦s basic values and emotions; the content of the Constitution is the social status quo which is never qualified. The theories of separation of powers are methods, it aims to pursuit the union of national consciousness. Truth Investigation Committee exposed the lack of crisis management mechanism of Taiwan's constitutional system, once the constitutional authority doesn¡¦t strictly obey the rules, the Constitution has no solution to handle it! What can the Constitution do to face the lack of self-defense function? When the Constitution still follow the practice to define the authority but the result proceeds in opposite ways with public opinion. The constitution is the political law to safeguard human dignity, and it is futurology which can be pursued its objective of logic and it is interpretable. The rulers of Taiwan all want to control the Constitution but not adhere to it. According to this, we broke the stereotypes and reformulated defense mechanism. Even if we left it unused for a hundred years; perhaps we can provide another level of thinking , and give another solution to unconstitutional review for the future.
| Identifer | oai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0210110-135027 |
| Date | 10 February 2010 |
| Creators | Tseng, Tzu-ming |
| Contributors | Fang-ling Yang, dyjang, yaolm |
| Publisher | NSYSU |
| Source Sets | NSYSU Electronic Thesis and Dissertation Archive |
| Language | Cholon |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://etd.lib.nsysu.edu.tw/ETD-db/ETD-search/view_etd?URN=etd-0210110-135027 |
| Rights | campus_withheld, Copyright information available at source archive |
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