Empirical Research On The "Constitutional Review" Of "the Grand Justice Judicial Interpretation" In Taiwan

Taiwan" Judicial Yuan "Grand Justices take charge of "Judicial Interpretation".They had made 726 interpretations from 1949 to 2014.492 of total interpretations are concerning "Constitutional review", and 210 of them are declared unconstitutional. The proportion of interpretations concerning "Constitutional review" to all interpretations is two-thirds and the proportion of unconstitutional interpretations to interpretations concerning "Constitutional review" is near half. It means that Grand Justices do their duty as safeguard of Constitution when many statutes are declared unconstitutional. But Grand Justices didn't do well in safeguarding Constitution at the very start until martial law was declared ended. The power of Grand Justices is limited under martial law. The quantity of all interpretations and interpretations concerning "Constitutional review" under martial law were lesser. In this time the proportion of interpretations concerning "Constitutional review" is only 21.8%, but after martial law was declared ended, the proportion is 87.7%.Not only the quantity but also the case type all changed obviously after the martial law was declared ended. Society and "Judicial Interpretation" interact with each other. "Judicial Interpretation" plays an important role in impelling the legal process and guaranteeing the fundamental right. In seventies'practice, Grand Justices have always perfected the "Constitutional review", including effect and the standards of Judicial review. The theory and skill of "Constitutional review" in Taiwan is more and more mature.