The Research On The Procedure Of "Constitutional" Interpretation In Taiwan

The purpose of implementation of the constitutional government is to protect the fundamental rights of citizens, to maintain constitutional order, and the implementation of the constitutional government needs constitutional interpretation procedure to maintain. In terms of Constitutional interpretation system, it is generally agreed that it started from the Marbury v. Madison of the United States in 1803, if observe the world’s interpretation of the Constitution from "system level", There is a typical "decentralized" in the United States and this system is adopted by many countries in the world; in addition, often being discussed, and also as a model for national legislation is "centralized" constitutional review system which was set up by German after World War Ⅱ. However, regardless of the purpose of the establishment and its difference of the system, the constitutional interpretation procedure is indeed an indispensable and important mechanism to protection of people’s rights, to maintain constitutional order in a state.Taiwan is an inalienable part of China since ancient times. After a comprehensive defeat in the Chinese civil war, the Kuomintang (KMT) retreated to Taiwan in 1949 and established the puppet government. Since then, the Taiwan authorities have been maintained confrontation with the mainland central government, of course, as an administrative region of China, Taiwan are not entitled to formulate, modify, and interpret the Constitution. "Constitution of the Republic of China" also does not have the validity of the Constitution, but given the special historical and political situation and the regulation role the "Constitution" played by the fact, it has certain research value. Meanwhile, with respect to the current conditions of its blank research background in mainland, the constitutional interpretation system in Taiwan has been existent for nearly seventy years, making interpretation more than 700 number. We had to admit that constitution interpretation procedure of Taiwan’s seeks the advantages, keeps its own unique charm. It is really a mature and self-contained system.The words are not over exaggerated but the objective evaluation of the development history. The system of Taiwan draws merit from Japan, USA, Germany, Austria and many other countries. Before the implementation of the Constitution, Taiwan was under Japanese colonial governance. The constitutional system was based on Meiji Constitutionalism integrated into western constitutionalism, therefore western constitutional thought rooted in this land. In 1947, "Constitution of the Republic of China" was promulgated. Taiwan Constitutional Interpretation System was born at the same time. "The Republic of China Constitution" for the entire Chinese was taken back to Taiwan by the KMT and was in force continuously. During this period, the Chancellor’s interpretation system is the extension of the unified interpretation power of the "Judicial Yuan" in Nanjing National Government time. Later, the KMT’s authoritarian deconstructed, as a result, The Constitutional interpretation procedure obtained real development. On one hand, the Chancellors learnt from European constitutional interpretation in both theory and practice, also learnt the experience from common law in the design of some specific rules. On the other hand, according to the reality and social needs, Chancellors continue to make up for lack and innovate systems through interpretation, Taiwan’s constitutional interpretation procedure gets developing and improving.The Constitutional interpretation procedure of Taiwan has its own feature. It is different from the United States where courts at various levels can do constitutional review with the case. And it is different from German, where he Constitutional Court in charge of Constitutional Litigation. In Taiwan, "Constitution of the Republic of China " provides that:" The Judicial Yuan shall interpret the Constitution and shall have the power to unify the interpretation of laws and orders." So, The system is designed as follows:They set "Judicial Yuan" as the highest judicial organ. Judges has wide powers to interpret Constitution and hear the case in the ways of "Chancellors’Conference" and "Constitutional Court", and make a decision in the way of "Interpretation" finally. All in all, you can either say the System is developed in inherited, you can also say that it is typical native system of Taiwan.