2014年3月太陽花學生運動，提出了「召開公民憲政會議」的訴求，而結束了佔領行動，進而發表〈新憲運動宣言〉，呼籲推動大規模修憲。民主進步黨和中國國民黨先後響應，立法院修憲委員會成立，各種民間團體就憲改議題開始展開集結，其中以公民憲政推動聯盟與全國憲改聯盟態度與行動最為積極，新一波的憲法時刻乃儼然到臨。《憲法》規定的修憲程序，係由立法院通過憲法修正提案，送交公民複決，因而關於修憲議題的選擇和修憲草案内容的擬定，關鍵在於立法院，惟因修憲需經複決，臺灣人民對於修憲是否支持，乃至於是否願意投票贊成，亦關乎於修憲最終之成敗，然此則必須使人民對於修憲議題普遍認識並對於修憲具有參與感和義務感。修憲是憲法學專業知識和政治力量策略互動的辯證過程，當中與政治權力有關的遊戲規則，自為憲法學者和政黨所關切者，但人民作為國家之主權者，實擁有最終之決定權，惟憲法議題未必與公民個人或特定群體之權益利害相關，而修憲之研議過程又遠非一般人民所得任意參與者，故而如何使公民參與由價值和概念的設想落定於公民實際參與的程序和過程，則需要依照修憲之法定程序和制度外機制的設計規劃和協調，然則，這儘管有助於強化修憲之正當性，卻可能因相關機制法源之欠缺，而無法形構出具有共識性與拘束力的程序；而縱使欠缺法源，如果修憲機關願意開放公民參與，亦可達致其目標。依我國歷次修憲經驗，政黨和政治菁英多在制度外機制中形成修憲共識，修憲程序之作用，則主要為修憲共識之落實與確認。第一次修憲時之國是會議和第四次修憲時之國家發展會議，皆由總統召開而廣納社會賢達和公民領袖參與，實為公民參與之著例，其意義在於容納未經政黨或選舉政治篩檢或隔絕之公民意見，使修憲得有更為普遍和周詳之思考。兼顧公民和菁英參與之修憲過程，誠可謂我國修憲之成功方程式。惟當時我國係以國民大會為修憲機關，與現行修憲程序和立法院和公民複決二者有所不同，故而當前之修憲成功方程式，當別有其他形式之呈現。總統具有主權之高度，國、民兩大黨於修憲具有程序上之否決權，對於公民在修憲政治過程中的討論與參與，乃皆具有其政治決定上的重大影響力，本文對之深切期待，亦盼立法院修憲委員會於公聽會主題得納入對於公民參與形式之探討。

On March 2014, the Sunflowers Students Movement put forward the demand of ＂convening a civil constitutional conference＂. After ending the occupation, the Movement issued the Declaration of the Movement for New Constitution, calling for the promotion of large-scale constitutional amendment. The Democratic Progressive Party and the Kuomintang had successively responded to support and establish the Constitutional Amendment Commission of the Legislative Yuan. Various non-governmental organizations began to unite on the issue of constitutional reform. Among them, the Alliance of Civil Groups for Constitutional Reform and the National Constitutional Reform Alliance are the most active toward attitude and action. It seemed as if a new Constitutional moment was coming. The constitutional amendment procedure stipulated in the Constitution is as which the Legislative Yuan initiatives a draft constitutional amendment to the citizens for referendum. Therefore, the choice of the constitutional amendment issues and the drafting of the draft constitutional amendment are the accountabilities of the Legislative Yuan. However, the draft constitutional amendment should be passed by the referendum of the citizens. Whether or not the Taiwanese people support the amendment of the constitution and even has the will to vote in referendum are the core elements about the eventual success or failure of constitutional amending. So people must have a general understanding of the issue of constitutional amendment and a sense of participation and obligation toward constitutional amending. Amending the constitution is a dialectical process of strategic interaction between constitutional professional knowledge circle and political powers. The rules of the game related to political power have always been concerned by constitutional scholars and political parties. However, as the sovereign of the state, the people have the ultimate power of decision. Constitutional issues may not be related to the rights and interests of individuals or particular groups of citizens, and the deliberative process of constitutional amending is far from casually participating by the general population. Therefore, how to make civic participation falling into the procedure and process of actual participation based by the assumption of values and concepts, it needs to be in accordance with legal procedures of amending the constitution and the design, planning and coordination of the mechanism outside the system. Though is is helpful for strengthening the legitimacy of constitutional amending, it may not form a consensus and binding procedure due to the lack of legal sources for the relevant mechanism. But even there is a lack of law sources, if the constitutional amending authority is willing to open for civic participation, the goal of strengthening the legitimacy of constitutional amending can be achieved. According to the previous experiences of constitutional amending in our country, the consensus on the amendment of the constitution usually formed by political parties and political elites in the mechanism outside the system. The function of the constitutional amendment procedure was mainly the implementation and confirmation of the consensus on the amendment of the constitution. The National Affairs Conference for the first constitutional amending and the National Development Conference for the fourth constitutional amending, both which were convened by the president to enlist the participation of social elites and citizen leaders are successful example of citizen participation. Its significance lies in accommodating civic opinions without being selected by political parties or electional politics. These civic opinions make the constitutional amending more generally and thoroughly considered. Taking the constitutional amendment process into account with citizens and elites participation can be the successful formula for constitutional amending in our country. At the past time, the constitutional amendment authority was the National Assembly, which had been replaced by the Legislative Yuan and referendum by the citizens. So the successful formula for current constitutional amending should has different formulation. The president owns the height of the sovereignty, and the two major parties, the Democratic Progressive Party and the Kuomintang, have the procedural veto power in constitutional amending. All of them have great influence of political decisions on the discussions and participation of citizens in the political process of constitutional amending. We are looking forward to their perception and realization. We also hope the Constitutional Amendment Commission of the Legislative Yuan will accept the theme of discussion the mechanism of citizen participation in public hearing.