The Rise and Fall of the National Assembly in the R.O.C. Constitution—Based on the Taiwanese Legal History Studies

• Main Authors: Bo-Fu Nian, 粘柏富
• Other Authors: 王泰升
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/96721938719338290459

碩士 === 國立臺灣大學 === 法律學研究所 === 99 === National Assembly which existed for around 90 years was ended up by the seventh constitutional amendment in 2005. The essay discussed the background, the operation, and the repeal of the National Assembly. It took legal history as the research method to illustrate the real way of operation of the National Assembly. First, the basic theory of National Assembly was based on Dr. Sun Yat-sen’s theory. Dr. Sun Yat-sen’s theory was designed for broad China, but it could only be realized in Taiwan after 1949. Meanwhile, after the central government moved to Taiwan, the National Assembly delayed the re-election again and again. The condition couldn’t match with Taiwan’s political reality, which revealed the crisis of National Assembly’s democratic legitimacy. Further more, Taiwanese consciousness gradually rose up after 1980s. The China-based National Assembly’s status was imminent danger. In the wave of criticism, it gradually moved forward a comprehensive re-election. With the comprehensive re-election in 1991, the democratic legitimacy couldn’t be questioned as the reason for National Assembly’s existed legitimacy so that the National Assembly was still couldn’t avoid the fate of being repealed. Through the National Assembly’s action, including modified temporary provisions, the essay found the force of repealing the National Assembly. Finally, the essay compared the development of constitutional theory and it was put into party politics. It was also one of the conclusions of National Assembly repealing.