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大法官解釋表頭

(釋字第 15 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.15 
Date 1953/4/24
Issue May a Member of the Control Yuan concurrently serve as a Delegate of the National Assembly?
Holding
1
    It is a public duty for Delegates to the National Assembly to discharge their political power on behalf of the nationals. In accordance with Article 103 of the Constitution, no Members of the Control Yuan may concurrently hold another public office. Articles 100 and 27 distinguish the impeachment and recall of the President and Vice President, which are discharged by the Control Yuan and the National Assembly, respectively. It contradicts the original intent of the Constitution to distinguish and separate these powers if a Member of the Control Yuan were to concurrently serve as a Delegate to the National Assembly, which amounts to having the same individual exercise the power of impeachment and recall. It is all the more clear that there should not be concurrent occupation of both offices. Further evidence on the prohibition of concurrent occupation [of offices] can be found [in the legislative process]. Article 26, Subparagraphs 1 and 2, of the Constitution Draft initially provided that any Member of the Legislative Yuan or Control Yuan may concurrently serve as a Delegate to the National Assembly. Many [Constitutional Conference] Delegates considered this improper and filed several amending bills, with the result that the Constitutional Conference eventually consolidated the opinions of the Review Committee and deleted the two Subparagraphs.

'Translated by Professor Andy Y. Sun.
 

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