Amending the Constitutions; An Institutional and Comparative Study

本文探討之主題，在於憲法與其修改制度之相關議題，全文共分八節。首先為修憲念之出現，及其制度面所經歷之主要演變。其次為修憲權之性質，及其制度設計面所須考慮之因素，與應該遵循的原則。第三為現代國家修憲制度之分類、特徵，以及其個自的遵行表現。第四為修憲制度在修憲時所提供出各種途徑與軌道。第五為全面修憲與局部修憲之異同，以及全面修憲之各類憲經驗。第六為修憲各階段之機制，偶其所涉及之制度慮。第七為現代國家憲法制度對修憲作用所設置之各種控制機制。第八則為結論。 本文以比較之方法，對憲法與修憲制度之相互關連，提出一較具全面性的綜合、分析、與檢討，以期就立憲主義價值及目的之實，提供一較深一層的瞭解。This study offers an institutional and comparative analysis of the mechanisms of constitutional amendment. It is composed of eight sections. The first section examines the emergence and the development of the notions, as well as the institutional arrangements, related to constitutional amendment. The second section analyzes the nature of the amending power, and the principles that a workable amendment mechanism generally would follow. The third section presents a typology of the amendment mechanisms that appeared in modern democratic constitutions. The fourth section distinguishes the structural features characterizing the various types of amendment mechanisms. The fifth section compares the natures of partial amendment and total revision of the constitutions, and the differences between the. The sixth section further considers the sequence of stages of the amending process, and the related problems that have to be dealt with in each stages. And the last section is a conclusion which integrates the issues already discussed form a systemic and theoretical perspective. By presenting a comprehensive analysis of the institutional experiences of the constitutional amendments, up to the 90s, it is my hope that the study would further our understandings of one essential and important aspect of constitutional rule, as well as its change and development