2014年九合一選舉結束以後,朝野政黨相繼提出修憲主張。本學期課程循由比較理路探討司法審查,政黨生態,以及選制改革各項問題,期使學習者能夠得到通盤了解。
在司法審查方面,誰來負責這項工作是第一項課題。除了法國,其他國家都是交給司法部門。其次,司法審查包括兩項重點,就是解決行政和立法部門爭議,以及保障基本人權。
以政黨而言,兩項問題和政治運作息息相關。第一是政黨數目。過去多數學者偏好英美穩定的兩黨政治。然而,一則此乃可欲不可求之事,二則相關國家兩黨政治先後出現鬆動跡象。揆諸實際,多黨政治並不比兩黨政治更難運作。這就涉及第二個問題,即政黨結盟。
在選舉方面,下述問題值得注意。第一是必須符合多數決定(majority rule)原則,所謂多數是「制度性多數」,有無過半並非首要考量。第二,票票等值概念應當在國會選舉當中得到落實,從防止政黨腐化角度來看,過份抑制第三黨生存空間恐非所宜。
晚近公投問題在我國引起諸多爭議。需要注意的是:第一,國人允宜檢討公投性質,揆諸英法等國慣例,公投正當性基礎早非「濟代議政治之窮」,而是尋求直接和間接民意合致。第二,國人允宜合理界定直接民權行使範圍。第三,國人允宜重視公投的時間點問題。After the end of the nine-in-one selection in 2014, the government and opposition political parties continued to propose the revisionist initiative. The course of this school is based on a comprehensive and rational way to explore judicial review, political party ethics, and selection system reform issues, so that learners can get a comprehensive understanding.
In terms of judicial review, who is responsible for this work is the first subject. Except for France, other countries are handed over to the Ministry of Justice. Secondly, judicial review includes two key points, namely, resolving disputes between the Executive and Legislative Ministry and protecting basic human rights.
In terms of political parties, the two problems are closely related to political operations. The first is the number of political parties. In the past, most mathematicians preferred the stable two-party politics of the United Kingdom and the United States. However, one is a matter that cannot be desired, and the other is that the politics of the two parties in related countries has shown signs of ease. In fact, multi-party politics is no more difficult to operate than two-party politics. This involves the second problem, namely the alliance between the political parties.
In terms of selection, the following questions are worth noting. The first is that it must comply with the principle of majority rule. The so-called majority is an "institutional majority". Half of them are not the primary consideration. Second, the concept of vote-equivalent value should be implemented in the National Assembly's election. From the perspective of preventing corruption among the political parties, it may be unsuitable to suppress the living space of the third party.
The recent referendum problem has caused a lot of disputes in our country. It should be noted that: First, the nationals are willing to review the nature of the referendum and judge the British and French customs. The basic nature of the referendum is not a "destruction of economic and interim politics", but rather seeking to directly and in conjunction with public opinion. Second, nationals are advised to reasonably define the scope of direct civil rights exercise. Third, nationals are concerned about the time points of referendum.
胡祖慶,比較政府與政治,7版,(台北:五南),2015.
Hu Zuqing, Comparison of Government and Politics, 7th Edition, (Taipei: Wunan), 2015.
評分項目 Grading Method | 配分比例 Grading percentage | 說明 Description |
---|---|---|
期中考期中考 Midterm exam |
50 | |
期末考期末考 Final exam |
50 |