您的瀏覽器不支援JavaScript語法,但是並不影響您獲取本網站的內容
司法院內部與外部景觀圖片動畫
::: | | 大法官 | 案件審理 | 大法官解釋 | 相關法規 | |
 
多條件查詢頁面按鈕

 

:::
 

大法官解釋表頭

(釋字第 260 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.260 
Date 1990/4/19
Issue Do the established provincial representative bodies have legislative power and shall the existing legislations of the provincial assembly and provincial governmental organizations remain operative?
Holding
1
    According to the system of local government provisions in the Constitution, the Central Government has no authority to enact individual laws for specified provincial assemblies and the organization of the provincial government. The established provincial representative bodies have no legislative power either.
Reasoning
1
    The petitioning institute in this case applied for an interpretation with respect to questions of delegation of local government’s legislative power under the Constitution. It is clear that this is not a question concerning the constitutionality of the laws.

2
    With regard to the delegation of the provincial and counties’ legislative power, the Constitution has prescribed special provisions in Articles 108, 112 and 113. According to these provisions, the Central Government has no authority to enact individual laws for specified provincial assemblies and the organization of the provincial government. The established provincial representative bodies have no legislative power either. When applying the Constitution, if matters that have not been contemplated at the time of drafting arise, the central government shall respond by balancing the needs of the nation, taking into consideration the special circumstances of the regions, and promptly resolve the matters pursuant to the constitutional procedures. Prior to resolution under the constitutional procedures, the self-governance and administration of provincial and county governments cannot be suspended. For the same reason given in this Yuan’s Interpretation No.259, the local self-governance system and the existing legislations of the provincial assembly and provincial governmental organizations shall remain operative.

'Translated by THY Taiwan International Law Offices.
 

BACK

 
 
::: Home 中文(Chinese) Site Map
 
使用聲明 Copyright©2004 JUSTICES OF THE CONSTITUTIONSL COURT. JUDICIAL YUAN 本網站建議使用解析度為1024*768全彩及Explorer5.5以上瀏覽器     通過A+等級無障礙網頁檢測
多條件查詢頁面連結點 解釋爭點總覽頁面連結點