Comparative Semi-Presidencies: Finland, France and R.O.C.

• Main Authors: Jou-Yun Pan, 潘柔澐
• Other Authors: Fu-chu Hsieh
• Format: Others
• Language: zh-TW
• Published: 2005
• Online Access: http://ndltd.ncl.edu.tw/handle/77826883435327142095

碩士 === 淡江大學 === 歐洲研究所碩士班 === 93 === In 1970, Maurice Duverger defined the word, ‘Semi-presidentialism’ in his book, Institutions politiques et droit constitutionnel. The definition is that the president shall be selected by citizens, own considerable power, and besides the president, there shall be a Government with administrative power Cabinet. When the Congress doesn’t trust the Government, it can bring up the resignation of the Cabinet. In 1997, the way of the presidential election in R.O.C. was changed to be selected by citizens, and the president can appoint the premier and ministers of the Cabinet without the agreement of the Congress. The Cabinet shall be responsible for the Congress, and the Congress has the right to bring up the resignation of the cabinet. Obviously, the constitutional system of R.O.C. is conformed to the definitions of Maurice Duverger’s. After the revise of the constitution, the regime of R.O.C. is almost the same as France’s, especially the relationship between the president, the Executive Yuan and the Congress. On the other hand, after examining the practical working of Semi-presidentialism, only a few countries’ politics are found stable, for example, France and Finland. Therefore, the constitutional experiences of France and Finland will be analyzed as the references for the constitutional revise in R.O.C. The interaction of the administration and the legislation of France and Finland will be discussed by taking Institutionalism as the main method, and the regime of R.O.C. will be analyzed and compared to the structures. There are lots of institutional and non-institutional factors including the relationship between the majorities of the Congress and the president, the culture of the constitution, the practical reasons, the culture of politics, the election of the president, the relationship between the president and the political parties, the system of the parties and the historical environment, and they will all be discussed in this research paper.