本館出版品

協作、制衡或分享：推演中山先生可能期待的行政與立法關係

Collaboration, Check and Balance or Power Sharing – A Deduction from Dr. Sun Yat-sen’s Thoughts on the Relation between Executive and Legislative Power

孫學研究

1996-2657

半年刊

2015/11/12

第19期

p.291-38

本文以推演中山先生可能期待的行政與立法關係為主題，採取的理論分析架構，則是融合當代西方憲政思潮及實踐所歸納出的代表類型，分成「協作、制衡、分享」三類，並歸併整理出「憲政原理、政黨角色、政府性質、國會結構、國會功能、遊戲規則及綜合效用」等七大面向，來比較呈現三大類型在各面向上所寓含行政、立法關係的異同。依此架構，本文再根據中山先生的「五權憲法」、「權能區分」及「民權主義」等相關論述，推演中山先生規劃或期待的行政、立法關係在七大理論面向上的類型傾向，分別予以定位，再統整所得。
本文的綜合發現是：中山先生規劃或期待的行政、立法關係，可能最傾向的是內閣制的「協作型」，也就是有多數黨來連結融合行政、立法，政黨角色也非常強，「多數決」會是主要遊戲規則之一，同時追求對「議會」負責的責任政府。但從中山先生的論述中，亦可發現「共識民主」所推崇的行政、立法權力「分享」之理念，且含攝的成分不低，而可能離中山先生理念最遠的行政、立法關係，應是隸屬「總統制」特性的「制衡」類型，在七個理論面向中，只有「綜合性」政府一項，無論是總統制的「三權分立」說或中山的「五權憲法」論，均將行政及立法視為是「政府」。
本文一開始亦點明：中山先生思想有演進性及權變性，而他又去世較早，其身後時勢潮流及情境的變化，對他的思想會產生何種激盪，自不能論斷；但他的核心價值似一直以富國強民為目標；這一目標如未達成，他對體制設計追求效能的想法（萬能政府）恐不易變；但「如果」達成了，中山先生會如何想，就更不得而知了！這是本文永恆無解的疑惑。

The primary focus of this study is to infer of what type of relationship Sun Yat-sen anticipated between the legislative and executive branches. We bring together the three types of trends and practices from contemporary Western constitutional government: collaboration, checks and balances, and shared power, and take these as the theoretical and analytical framework of our study. We further combine and systematically arrange the seven aspects of constitutional principles, which are the role of political parties, the characteristics of government, legislative structure, legislative function, rules of the game, and general utility in comparing and presenting the similarities and differences in the three aforementioned major types with respect to the executive-legislative relationship implied by these aspects.
The findings of this study can be summarized as follows: Sun would have most likely tended toward supporting a collaborative-style cabinet system in his planned or anticipated executive-legislative relationship. This would be an integrated executive and legislature in which multiple parties were united, and in which political parties played a major role. The major game rule of this system is rule by majority, and it seeks a government which is responsible to parliament. However, we find a certain number of elements in the notion of power sharing between the executive and legislative branches advocated by the consensus democracy within Sun’s declarations. The executive-legislative relationship farthest from what Sun intended is the “checks and balances” in presidentialism, as it only includes the “comprehensiveness” of government among the seven theoretical aspects. Both the separation of the three powers in presidential systems and Sun’s five constitutional powers both view the executive and legislative branches as parts of government.
While Sun Yat-sen’s thought had the potential to evolve and was contingent, Sun passed away relatively early. Therefore, it is impossible to say what impact trends at various times and situational changes following his death would have had on his thought. However, his core values were constantly reflected in his goal of an affluent country and an empowered people. It is unlikely that his views would change concerning the efficacy of pursuing this system of government if this goal was not obtained. However, it is difficult to surmise how Sun’s thought would be altered if it were obtained. This is one uncertainty which this study cannot solve.

國立國父紀念館

臺北市