頁籤選單縮合
題 名 | 國民大會在憲法上之地位=The Status of the National Assembly in the Constitution |
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作 者 | 林田富; | 書刊名 | 臺灣人文生態研究 |
卷 期 | 1:1 1997.11[民86.11] |
頁 次 | 頁29-50 |
分類號 | 581.241 |
關鍵詞 | 權能區分; 國民大會; 廢除國代; The Separation of people's rights and the powers of the government; National assembly; Abolition of the national assembly; |
語 文 | 中文(Chinese) |
中文摘要 | 多年來,「權能區分」與「五權憲法」的理論,因為國家機器全面的宣揚、美化 、似乎成了人世間不變的真理;事實反而受到擠壓、歪曲,人民也成了一群被愚弄的順民, 學術在國家機器的控制下,很長一段時間,喪失了自主性。這些,使最近幾年國內的憲政發 展,受到不良的影響,甚至成了進步的障礙。為此,有必要將國家基本法上的障礙,予以清 除。本文主要對「權能區分」下的產物 -- 國民大會,從孫先生的原始基本主張,到立憲、 行憲史的爭議,以及國民大會存在的吊詭,提出檢討。以為目前國內癈除國大的主張,略盡 棉薄。 |
英文摘要 | After many years, the theory of the "Separation of People's Rights and the Powers of the Government" and "the Five-Power Constitution", due to the government's broadly publicized and idealized promulgation, has almost became a broadly announced unalterable truth; the facts, on the contrary, have been so pressed and twisted that the people have become fooled into becoming ignorantly obedient and the academy has lost its academic freedom while being under the control of the government for a long period of time. On account of these reasons, the development of the National Constitutional Stage in our country has suffered some bad influences recently, even to the extent of these infulences becoming an obstacle to its improvement. Therefore, there is a need for the obstacles to the base of the natural law to be eradicated. Dr. Sun, in order to put into effect his point of view about The Omnipotent Government, gave up the main principles of the modern constitution, such as "the Separation of Powers" and "check and balance". Instead, he employed his own creation of the Five-power Constitution, "the Separation of the People's Rights and the Powers of the Government" and "the Division and Cooperation of Labor". Since the constitution had been in effect for a while, the defect of "the Five-Power Constitution" had already been distressfully exposed. However, it was assumed that the government was incapable of giving up the mythical theory, which still granted it the power to execute the constitution. In order to accelerate the collapse of the Five-Power Constitution and to make the country able to go toward the democratic constitutional stage, this article mainly will provide an analysis of the National Assembly, which was produced by the system under "the Separation of People's Rights and the Powers of the Government", from the start of Dr. Sun's original main points of view to some arguments aobut the history of drafting the constitution and later executing the Constitution, and also the odd phenomenon caused by existence of the National Assembly. Thus, this article positively supports the idea of abolishing the National Assembly in this country. |
本系統中英文摘要資訊取自各篇刊載內容。