The examination of national referendum’s proposal -take the Constitutional Law as examination standard

• Main Authors: I-Ting,Chung, 鍾依庭
• Other Authors: In-Chin,Chen
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/77gs8x

碩士 === 國立中央大學 === 法律與政府研究所 === 107 === Since the Legislative Yuan greatly revised the threshold of referendum proposal on December 12, 2017, the society was quite enthusiastic with the participation of direct democracy. Until June 8, 2018, the Central Election Commission has received 37 national referendums proposals, but 6 of them was seemed to violate the Constitutional Law, and the Central Election Commission determined to hold a public hearing to clarify related disputes. Because the recent Referendum Act does not prescribe how to deal with the proposal which violates the Constitutional Law, in order to solve the problem, the author following will explain why there is necessary to examine the proposal. Next, the author will investigate how the Referendum Act prescribes about examining the proposal, especially about whether the new competent authority, the Central Election Commission, has special duty must obey. Furthermore, the author will explain the theory, content and effect about regarding the Constitutional Law as the examination, trying to establish a process about the examination. At last, the author will analyze and examine 6 proposals which are seemed to violate the Constitutional Law, and discussing whether the Central Election Commission’s practices were appropriate.