| 摘要: | 我國憲法賦予總統的正式權力使其成為憲政運作的中心，總統運用其非正式權力召開國是會議，突破憲政運作的困境，乃我國憲政發展關鍵。本文試以行政法中有關非正式行政行為，對於總統非正式權力加以定義，藉以釐清有關我國總統正式與非正式權力機制與運作，並以總統行使非正式權力召開國是會議為例，從我國憲政體制之變遷、總統權力之變遷、半總統制、政府體制、憲政機關間爭端解決機制等等之相關領域與歷史脈絡進行探討。本文聚焦於1990年由李登輝總統召開之國是會議、1996年國家發展會議，及由蔡英文總統召開之2016年司法改革國是會議、2017年年金改革國是會議。經由分析這四場歷史關鍵會議，進而延伸討論有關我國憲政體制，以及憲政實際的運作作情況，藉以釐清我國總統的角色與責任。我國總統權力範圍至今仍時有爭議，但不可諱言的是，在現今我國總統的產生方式是由全民直接選舉的狀況下，總統處於憲政核心的地位，並具有無比的民主正當性，乃不爭的事實。本文認為與其抽象爭論總統擁有多少權力，不如實際分析總統召開的四場重要國是會議， 嚴肅看待最具有民意授權及民主正當性的總統，如何在憲法正式權利的框架下， 發揮總統非正式權力，推動憲政結構改革。;The Presidential position of Taiwan in constitutional governance is solidified by the formal authority bestowed upon them by the Constitution. By exercising their informal authority to convene the National Affairs Congress, the President surmounts the obstacles associated with constitutional operations, a critical component in the evolution of Taiwan′s constitution. By defining the President′s informal authority in the context of the Administrative Procedure Act, this study has aimed at shedding light on the operations and mechanisms of the President′s formal and informal powers in Taiwan. This investigation has examined several interconnected disciplines and historical periods, including the development of Taiwan′s constitutional system, the evolution of presidential powers, semi-presidentialism, government systems, and mechanisms for resolving disputes among constitutional bodies, using the President′s informal powers to convene the National Affairs Congress as a case study. The National Affairs Congress, which was organized by President Lee Teng-Hui in 1990, the National Development Conference, which was held in 1996, the National Judicial Reform Conference, which was instigated by President Tsai Ing-Wen in 2016, and the National Congress on Pension Reform, which took place in 2017, are the focal points of this study. Through an examination of these four significant historical conferences, the discourse has been expanded to encompass the practical operation of Taiwan′s constitutional system. The objective of this investigation has been to elucidate the duties and obligations of the President in Taiwan. The extent of the President′s authority in Taiwan continues to be a topic of continuous debate. However, it cannot be denied that in the current context of Taiwan, where the President is elected directly by the people, the President occupies a central position in the constitutional framework and possesses unparalleled democratic legitimacy. This statement is beyond dispute. Instead of debating the scope of the President′s authority in abstract terms, it is more productive, according to this study, to conduct a practical analysis of the four major National Affairs Congresses that the President has convened. By critically examining how a President, endowed with the most significant popular mandate and democratic legitimacy, can advance constitutional structural reforms through the use of informal presidential powers within the framework of formal constitutional rights. |
