CONSTITUTIONAL INTERPRETATION PROCEDURE ACT
Promulgated on February 3, 1993
Chapter 1
General Principles
Article 1.Enactment Basis**
In accordance with Article 6 of the Organic Act of Judicial Yuan,
Constitutional Interpretation Procedure Act (hereinafter referred as“the
Act”)is hereby enacted.
Article 2.Formation of Council and Constitutional Court
The Justices of the Judicial Yuan (hereinafter referred as“Judiciary
”)shall be in session en masse and adjudge the petitions concerning
interpretation of the Constitution and uniform interpretation of statutes
and regulations; the Justices may form as well a Constitutional Court to
declare the dissolution of political party whenever it violates the
Constitution.
Article 3.Disqualification
In case whether a Justice shall disqualify himself or herself, the
Act of Administrative Proceedings shall apply mutatis mutandis hereto.
Chapter II
Procedures for Interpretation of the Constitution
and Uniform Interpretation of Statutes and Regulations.
Article 4.Scope of Constitutional Interpretation
The matters for which the Justices shall interpret the Constitution
are as follows:
1. Matters concerning doubts and ambiguities in the application of the
Constitution;
2. Matters concerning the constitutionality of statutes or regulations;
or
3. Matters concerning the constitutionality of laws governing the
self-government of provinces and counties, and regulations
promulgated by
The matters for above-mentioned interpretation shall be limited to
those specifically enumerated by the Constitution.
Article 5.Grounds to Petition for Interpretation
The grounds on which the petitions for interpretation of the
Constitution may be made are as follows :
1.When a government agency, in carrying out its function and duty, has
doubt about the meanings of a constitutional provision; or, when a
government agency disputes with other agencies in the application of
a constitutional provision; or, when a government agency has
questions on the constitutionality of a statute or regulation at
issue;
2.When an individual, a legal entity, or a political party, whose
constitutional right was infringed upon and remedies provided by law
for such infringement had been exhausted, has questions on the
constitutionality of the statute or regulation relied thereupon by
the court of last resort in its final judgment; or
3.When one-third of the Legislators or more have doubt about the
meanings of a constitutional provision governing their functions and
duties, or question on the constitutionality of a statute at issue,
and have therefor initiated a petition.
When the Supreme Court or the Supreme Administrative Court opines in
good conscience that the statute or regulation at issue before court is in
conflict with the Constitution, the court may adjourn the proceedings sua
sponte and petition the Justices to interpret the Constitution.
Petitions that do not meet the aforementioned requirements shall be
dismissed accordingly.
Article 6.On Interpretation of Self-Government Regulation
Except Article 114 of the Constitution concerning the Judiciary’s
automatic declaration on unconstitutionality of any article of the
provincial self-government regulations repugnant to the Constitution,
Article 5 supra shall apply mutatis mutandis to cases arising under
Article 4, para. 1, subpara. 3 supra.
Article 7.Uniform Interpretation of Law and Regulation
The grounds on which a petition for uniform interpretation of
statutes or regulations may be made are as follows:
1.When a government agency, in carrying out its function and duty, has
an opinion on a statute or regulation different from other agency, or
other branch of the same agency; provided, however, that said agency
shall not be subordinated to, or bound by the opinion of other agency
or branch; or
2.When an individual, a legal entity, or a political party, whose right
was infringed upon and remedies provided by law for such infringement
had been exhausted, opines in good conscience that the court rendered
its final decision has construed the statute or regulation at issue
different from those which expressed by other judicial bodies in
their precedents. However, this provision shall not apply, if the
case is still appealable, or the precedent has already been
overruled.
Petitions pursuant to subpara. 2 of the preceeding shall be submitted
within three months after the court's decision becomes final.
Petitions that do not meet the aforementioned requirements shall be
dismissed.
Article 8.Forms of Petition
A petition for constitutional interpretation shall be submitted to
the Judiciary in writing, and shall include:
1. Purpose of the petition;
2. Issues and facts, and the related constitutional provisions;
3. Grounds for petition, position adopted by the petitioner, and the
arguments; and
4. List of Exhibits attached, and total number of the Exhibits.
A petition for uniform interpretation shall be submitted to the
Judiciary in writing, and shall include:
1. Purpose of the petition;
2. Issues and facts, and the pertinent statutory or regulatory
provisions;
3. Grounds for petition, position adopted by the petitioner, and the
arguments; and
4. List of Exhibits attached, and total number of the Exhibits.
Article 9.Petition Field thru Superior Agency
When the petitioner is a government agency, the petition shall
proceed through the administrative hierarchy, and shall be submitted by
the superior agency on behalf of the petitioner. The superior agency shall
withhold the petition in case the petition fails to meet the requirements
prescribed herein, or it is capable of resolving the conflict within its
own authority.
Article 10.Review of Petitions
A petition to the Judiciary for interpretation shall be reviewed
initially by a panel consisting of three Justices. Except those which fail
to meet the prescribed requirements and shall be dismissed with convincing
reasons, the panel shall move all the petitions which are fully admissible
for interpretation to the agenda for further deliberation.
A timetable for the panel being assigned to review the petitions and
deciding to move the admitted petitions as provided in the preceeding
paragraph may be imposed whenever necessary.
Article 11.Draft of Interpretation
The Justices shall be in session to deliberate and form the basic
principle on how to interpret the petition as recommended and moved by the
panel in accordance with Article 10 supra and designate a Justice to draft
the opinion based upon the principle so formed. The draft shall be
circulated among all Justices for full discussions and deliberation prior
to voting.
Article 12.Forms of Decision-making
The voting of the Justices shall be conducted either by a show of
hands or by a roll call.
Article 13.Grounds of Interpretation
In case of rendering an interpretation, the Justices shall refer to
materials concerning the enactment and amendments of the Constitution, and
the legislative history of a statue or regulation. On petitioner's motion,
or sua sponte, the Justices may order the petitioners, the pertinent
parties or agencies to brief the Justices. The Justices may also conduct
its own investigation. Oral arguments may be held in an open court, when
necessary.
In case oral arguments are held, proceedings for the Constitutional
Court as provided infra shall apply mutatis mutandis hereto.
Article 14.Quorum for Passing Interpretation
It requires a majority of two-thirds of the Justices present at a
session having a quorum of two-thirds of total number of the Justices for
passing an interpretation of the Constitution. However, only more than
one- half of the Justices present at the same session is required for
declaring a regulation or ordinance unconstitutional.
It requires a majority of more than one-half of the Justices present
at a session having a quorum of more than one-half of total number of the
Justices for a uniform interpretation as specified in Article 7, para. 1,
supra.
Article 15.Session
The Justices shall be in session thrice per week, an extraordinary
session may be held, whenever necessary.
Article 16.ex officio Chairman
The President of the Judiciary shall chair the plenary session of the
Justices; when the President is not available, the Vice-President of the
Judiciary shall chair the meeting. When both the President and the Vice-
President are not available, the Justice with the highest seniority shall
chair the meeting. When there are several Justices of the same seniority,
the one who is the eldest in age shall chair the meeting.
The session for deliberation of the petitions shall only be called by
the Justice who is on duty for the month and presided over by all the
Justices in rotation.
Article 17.Interpretation Text,Concurring and Dissenting Opinion
An interpretation delivered by the Justices shall include a main text
of the opinion and a reasoning section, as well as concurring and
dissenting opinions, if any. It shall be published by the Judiciary and
served on the petitioner and the pertinent parties.
In case the interpretation as delivered requires the pertinent agency
to take an action therefor, it shall put it into execution in the type and
means if so specified.
Article 18.ex officio Attendant
The Secretary-General of the Judiciary shall attend the sessions of
the Justices as an officer of justice.
Chapter III
Procedure for Declaring the Dissolution of a Political Party Violating
the Constitution
Article 19.Petition for Dissolution of Political party
When a political party's goal or conduct endangers the existence of
the Republic of China, or the nation's free and democratic order, the
government agency in charge of party affairs may petition the
Constitutional Court of Judiciary to dissolve said party.
The aforementioned petition shall be submitted to the Judiciary in
writing, and shall include:
1. The petitioner agency, and the name of the agency's
representative;
2. The name and address of the defendant political party, the name,
sex, age, residence or domicile of the party's representative, and
the relation of the representative to the party;
3. A statement requesting dissolution of the political party;
4. Fact and evidence supporting the petition; and
5. Date of the petition.
Article 20.Presiding Justice
The Justice who is the highest in seniority shall preside over the
Constitutional Court. When there are several Justices of the same
seniority, the one who is the eldest in age shall preside over the court.
Article 21.Judgment
The Constitutional Court shall hold oral arguments in the open court
before rendering a judgment. However, a petition may be denied without an
oral argument.
Article 22.Number of Counsels or Attorneys
Either side may elect to appoint no more than three counsels for the
oral arguments. The counsels shall be either attorneys or law professors.
The counsels shall be screened and approved by the Constitutional
Court for court appearance.
Article 23.Search and Seizure
For fact finding, the Constitutional Court may request the prosecutor
or direct the judicial police to conduct a search and seizure.
The related provisions of the Code of Criminal Procedure and the Act
for Directing the Judicial Police shall apply mutatis mutandis to the
above- mentioned proceedings.
Article 24.Oral Argument and Pronouncement of Judgment
Oral arguments before the Constitutional Court shall be conducted
with the presence of more than three-fourths of the total number of the
Justices. The Justices who have not sat in the oral arguments shall not
participate in the deliberation of the case.
Judgment by the Constitutional Court shall be pronounced on a date
within one month from the closing of oral arguments.
Article 25.Quorum for Formation of Judgment
Judgment by the Constitutional Court for dissolution of a political
party violating the Constitution shall be entered only when more than two-
thirds of the Justices sat in the oral arguments voted for the
dissolution.
No judgment by the Constitutional Court against the dissolution of a
political party shall be entered when the required concurrence votes are
not met.
Order by the Constitutional Court on a motion for dissolution of a
political party, or judgment pursuant to proviso of Article 21, shall be
made by more than one-half of the Justices present at a session having a
quorum of three-fourths of the Justices.
Article 26.Dissolution of Political Party
When the Constitutional Court decides for the petition, it shall
declare the dissolution of a political party by a judgment; when the
Constitutional Court decides against the petition, it shall dismiss the
petition by an order.
Article 27.Form of Judgment
Judgment shall be in writing, and shall include:
1. The petitioner agency;
2. The name and address of the defendant political party;
3. The name, residence or domicile of the party's representative, and
the relation of the representative to the party;
4. The name and residence or domicile of the counsels, if any;
5. The main text of the decision;
6. Fact of the case;
7. Reasons for the decision;
8. The Constitutional Court of the Judiciary; and
9. Date of the decision.
In the judgment, the Constitutional Court may designate an agency to
execute the judgment and specify the means for execution.
Judgment shall be signed by all Justices tried the case.
Article 28.Pronouncement and Service of Judgment
Judgment of the Constitutional Court, besides pronouncement in open
court and service on the defendant party, shall be published with the
concurring and dissenting opinions, if any.
Judgment of the Constitutional Court shall be served on the
petitioner agency, the defendant political party, the executing agency,
and other pertinent agencies.
Article 29.Inappealable
Judgment of the Constitutional Court is not appealable.
Article 30.Cessation of Activities
The political party being dissolved shall cease all activities and
shall not establish any substitute organization to pursue the same goals;
the members of the elected bodies apportioned to the dissolved party in
accordance with the proportional representative system shall be deprived
of their membership immediately upon the time when the judgment becomes
effective.
All government agencies affected by the Constitutional Court's
judgment shall take necessary measures to carry out the court order.
The provisions of the Civil Code pertaining to a legal entity shall
apply mutatis mutandis to the liquidation of property of the dissolved
party.
Article 31.Injunction
While the case is still pending, the Constitutional Court may, if
finding that the conducts of the defendant political party have been
endangering the national security or social order, and that immediate
action of the Court is necessary, upon motion of the petitioner, order the
defendant to cease all or part of its activities.
Article 32.Procedure to be Followed
Except as otherwise provided herein, the Act of Administrative
Procedure shall apply mutatis mutandis to the trial procedure of the
Constitutional Court. The rules governing the proceedings of the
Constitutional Court shall be enacted and promulgated by the Judiciary.
Article 33.Conduct of Trial
Except as otherwise provided herein, Court Organic Act shall apply
mutatis mutandis to the following matters of the Constitutional Court: the
commencement of the judicial year and the division of the internal
business, the opening and closing of court sessions, maintenance of court
orders, the languages used in court, and the deliberation process of
court.
The judicial robes worn by the Justices and courtroom seating
arrangements shall be decided by the Judiciary.
Chapter IV
The Appendix
Article 34.Enactment of Enforcement Rules
The enforcement rules of the Act shall be made by the Judiciary.
Article 35.Date of Enforcement
The Act shall become effective as of the day of promulgation.
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