制 度 制 約 下 的 行 政 與 立 法 關 係

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制 度 制 約 下 的 行 政 與 立 法 關 係 : 以 我 國 九 七 憲 改 後 的 憲 政 運 作 為 例
沈 有 忠
Relationship between the Executive and the
Legislative under the Condition of Institutions:
A Case Study of Taiwan’s Constitutional
Framework after 1997
Yu-chung Shen *
Abstract
Generally speaking, the most common classification of constitutions is to
divide them into three types: Presidentialism, Parliamentarism, and Semi-
Presidentialism. In Presidentialism, when the president and the parliament are
dominated by different parties, the constitution is operated by a divided government.
In Parliamentarism, when the premier and his cabinet are not supported by the
majority in the parliament, the constitution is operated by a minority government.
Semi-Presidentialism is a mixed type of Presidentialism and Parliamentarism.
Therefore, such a mixture may lead to a divided government. At the same time, a
minority government also becomes possible. Moreover, the cohabitation will appear
when the president and the premier are from different parties. This essay also
discusses the possibility that Taiwan’s constitution might work concurrently with
the divided government, the minority government and the cohabitation.
Key words: Semi-Presidentialism; divided government; minority government;
cohabitation.
* Yu-chung Shen, Ph. D. Program Student in Department of Political Science, National Taiwan
University.