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Back前行政院長江宜樺警告:行政院長不副署致法律無法公布,構成台灣憲政最大危機
前行政院長江宜樺警告:行政院長不副署致法律無法公布,構成台灣憲政最大危機
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自由时报27 minutes agoPolitics2 min readChinaView translation

前行政院長江宜樺警告:行政院長不副署致法律無法公布,構成台灣憲政最大危機

Quick Look

前行政院長江宜樺在總統直選30年研討會上指出,行政院長卓榮泰以不副署方式阻礙立法院通過法案公布施行,違反憲法明定「應即接受該決議」的規定,稱此為台灣憲政制度上最大危機,並警告此舉將導致行政權獨裁化,未來只有完全聽從總統指令的閣揆才能被任命。

AI-generated summary

Why It Matters

憲法規定立法院三讀通過的法案在覆議失敗後,行政院長「應即接受該決議」。副署權原本設計用於節制總統權力,源自內閣制殘留條文,但近年被行政院用作對抗立法院的工具。

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前行政院長江宜樺今(12)日出席「總統直選30年的回顧與前瞻」研討會圓桌論壇表示,立法院三讀通過的法案在覆議失敗後,憲法明定行政院長「應即接受該決議」,沒有任何迴旋空間、沒有任何但書,行政院長卓榮泰卻以不副署讓法律無法公布施行,「容我直接講,這是違憲違法,也是違反民主政治的」,是台灣當前憲政制度上最大的危機。

江宜樺說,法律案在總統公布時閣揆副不副署,「這個事情會決定一個國家到底是不是一個民主的國家」。據統計,目前已有8個立法院通過的法案,因行政權認為無法接受而不公布,做法就是由行政院長不副署,達到不實行國會所通過法律案的目的,「這一點是百分之百毀棄憲法、違反憲法的規定」,他不知道有任何法學家、任何方法可以合理化「行政權居然可以否決立法權覆議之後的決定」。

他指出,副署權規定在憲法的總統專章,是憲法原本較接近內閣制、90年代修憲轉為雙首長制時殘留的設計,用意在節制總統,行憲以來從來沒有被用過;如今這個寫在總統專章的權力,「卻被行政院拿來作為對付立法院、也就是對付國會的權力」,是「一個非常非常奇怪的錯位」。

江宜樺稱,行政院以法案窒礙難行、違憲為由,主張「我幫助總統來對抗國會並且否決國會」,他反問,整部憲法沒有任何條文賦予行政首長「自己認為自己是憲法守護者,或者是說是國會的太上皇」這樣的角色,用學理來講「其實是行政權的獨裁」,行政權自認為比立法權還高,哪怕是代表多數民眾通過的法律也可以否決,理由只是「我覺得你們不對」。

江宜樺並提醒一個討論較少觸及的政治後果:當行政院長發現副署權可以拿來對抗國會,「其實他也可以拿來對抗總統」。將來任何一位總統任命閣揆都必須思考再三,只敢任命完全聽他指令的人,否則會陷於被行政院長挾持的地步;有自主判斷能力、能在關鍵時刻向總統進諫的人選,「大概就不會出現了」。他舉例,先例一開,蔡英文當年要任命賴清德、蘇貞昌,「可能要考慮再三」;將來賴清德總統要任命卓榮泰以外的人,不管是陳其邁、林佳龍等等,「他也要考慮再三」。

他總結,過去這種東西叫做僵局,「在今天這種僵局已經慢慢的變成是一種危機」;副署權啟動後,將來更不可能找到獨當一面、有自己意志的閣揆,「而只會看到一個又一個完全聽命於總統的人」,他擔心這會變成「台灣的行政獨裁」。

台北政經學院基金會董事長黃煌雄回應表示,江宜樺平時很少講話,但這番話「可能就成為憲政震撼彈」,「應該給卓院長,是應該好好想一想」。他說,「我們不怕問題,但是要把問題攤開」,行政方面應勇於面對,因為這「大概是到目前為止,有關這個問題應該最具有論述的一個說法」,行政部門應好好想想如何回應。

What to Watch

AI outlook — possibilities, not facts

  • 未來總統任命行政院長時將更傾向選擇完全忠誠於總統的人選

    Likely · Within months

  • 憲法法院或司法機關可能受理相關憲法爭議案件

    Possible · Within months

Open Questions

  • 司法機關是否會介入裁定此類不署署行為的憲法性
  • 未來是否會有立法院針對副署權行使提出修憲或法律限制
  • 總統是否有憲政機制可促使行政院長履行副署義務

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This article was originally published by 自由时报.

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