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Back國民黨團與翁曉玲推修憲判可公投法案 林俊憲批為政治操作企圖年底選舉獲利
國民黨團與翁曉玲推修憲判可公投法案 林俊憲批為政治操作企圖年底選舉獲利
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自由时报1 hour agoPolitics2 min readChinaView translation

國民黨團與翁曉玲推修憲判可公投法案 林俊憲批為政治操作企圖年底選舉獲利

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國民黨立法院黨團及立委翁曉玲提出修憲判決可複決及立法院公投不得被拒辦兩項公民投票法修法,列為新會期優先法案。立委林俊憲批評此為政治操作,企圖在年底選舉中獲利,並指出修法實質是讓立法院凌駕於憲法法庭之上,形容未來立法院將成為「世界無敵霹靂大院」。

AI-generated summary

Why It Matters

國民黨團及立委翁曉玲提出兩項公民投票法修法:一是將『攸關立法之重要事項』納入公投創制複決範圍,二是規定立法院交付的公投案主管機關不得拒絕辦理。另一項則主張將憲法法庭判決納入公投複決範圍(彈劾正副總統除外)。林俊憲批評此修法實質是讓立法院凌駕於憲法審判權之上,形容未來立法院將成為『世界無敵霹靂大院』。

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國民黨立委翁曉玲。(資料照)

立法院國民黨團、國民黨立委翁曉玲分別提出「憲法判決可公投」、「不得拒辦立法院交付的公投」2項公民投票法的修法,並列為新會期優先法案。對此,立委林俊憲表示,翁曉玲所提「公民投票法第15條條文修正草案」以及黨團版「公民投票法第2條及第30條條文修正草案」,表面上是為推動修法,實際上卻是冷飯熱炒,企圖藉由政治操作在年底選舉中獲取政治利益,相關提案內容顯然與一般社會大眾對憲法精神的理解有相當大落差。

林俊憲今日於臉書發文分析提案細節,去年中選會駁回國民黨「反廢死」公投案,翁曉玲當然不能接受,所以霸氣提出「公民投票法第十五條條文修正草案」。這項草案修正2個地方,一個是將原本規定的「重大政策之創制或複決」,改成「攸關立法之重要事項及重大政策之創制或複決」,另一個則是規定立法院就創制或複決案所提出的公投,「主管機關不得拒絕辦理」。

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林俊憲認為,難怪這會期會是優先草案,因為今年8月的時候,中選會也否決了藍白的「鞭刑」、「交通罰鍰」公投案。在國民黨眼中,中選會簡直爬到立法院的頭頂上,怎麼能夠拒絕立法院的公投案。中選會的駁回理由是,這2個公投不符合「重大政策之創制或複決」。

林俊憲直言,「於是,聰明的翁上人,就加上『攸關立法之重要事項』,讓立法院可以對立法有關的重要事項提出公投案。至於什麼是『立法之重要事項』呢?大概就是翁大立委說的算」。

林俊憲接著說,「公民投票法第2條及第30條條文修正草案」更厲害,這項草案主張將憲法法庭的判決納入公投複決的範圍(除了正副總統的彈劾案件)。「也就是說,通過草案後,無論是誰都能『複決』憲法法庭的裁判,如果對於憲法法庭的裁判有疑義,可以發起公投『推翻』判決」。

林俊憲解釋,一般人民發起公投門檻極高,此草案修訂完成後最直接的得利者正是立法院本身。結合這兩個草案來看,未來的立法院就會是比憲法還大的「世界無敵霹靂大院」,主管機關既不能否決立法院的公投案,對大法官的裁判不滿意,立法院還能隨時發起公投。到最後,可能連大法官寫完判決後,都會再附上一個公投說明書,看看立法院有沒有需要。

林俊憲最後說,既然國民黨將這兩個草案列為優先法案,那他就順手幫忙分享這件事,建議大家告訴大家,看看有哪些人連署了草案,年底選舉好好「複決」這些立委。

相關新聞請見︰

翁曉玲主張憲判可公投 民進黨團轟:立法院非「翁上人」一人說了算

國民黨團推憲判可公投、不得拒辦立院交付公投案 中選會回應了

藍推「公投可否決憲判」》法界:凡事都公投 還要立法院幹嘛

藍推「公投可否決憲判」》綠批:持續擴張立法權 毀憲亂政

藍推「公投可否決憲判」 列新會期優先法案

翁曉玲被國民黨團噤聲? 這件事透露端倪

What to Watch

AI outlook — possibilities, not facts

  • 此兩項公民投票法修案將在新會期優先審議,但面臨民進黨及公民社會強烈反對

    Very likely · Within weeks

  • 若修法通過,憲法法庭可能釋憲宣告部分條文違憲

    Likely · Within months

Open Questions

  • 這兩項修法是否真的能通過立法院三讀?
  • 若修法通過,憲法法庭是否會釋憲說明其權限被侵害?
  • 民眾對此修法的實際支持度為何?
  • 這是否會引發憲法危機或司法衝突?

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