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議會制國家的解散國會、選舉與組閣之探討―以德國二○○五年國會大選為例

蕭國忠

1 Jul 2006

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In a parliamentarian country, the relationship between the administration and the legislation is both reliance and rivalry. The spirit of reliance appears on the trust of the Parliament that a government depends to exist and continue while rivalry appears on two systematic designs, the resignation of the cabinet and the dissolution of the Parliament. The resignation of the cabinet is the result of the parliamentary vote of no confidence and the reason of the dissolution of the Parliament is because the government's confidence is vetoed. As party politics prevails, in a parliamentarian country, the head of the government is usually the majority party leader in the Parliament. As a result, the Parliament is not likely to motion a vote of no confidence on the government to dismiss the cabinet; while the head of the government is more inclined to maneuver the vote of no confidence by losing it deliberately so as to dissolve the Parliament and take the chance to punish critics in the party and attack the opposition party. By forcing a reelection of the Parliament, the purpose of gaining more seats may be obtained. Germany's general election is held ahead of time in 2005 and the result is the appearance of a grand coalition government of both left and right. The reason of this reelection is that the chancellor's vote of confidence is vetoed which results in the dissolution of the Parliament. This article is to discuss the vote of confidence and its related issues based on the abstract norm of Germany's Basic Law and the actual operation of constitution first, and secondly to analyze in details the process of reelection and the formation of cabinet after the dissolution of the Parliament.

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Published
1 Jul 2006
Issue
Issue 2 · Pages 105–166
Language
ZH

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