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大法官解釋表頭

(釋字第 328 號 )      友善列印PRINT  
Interpretation

J.Y.
Interpretation

NO.328 

Date

1993/11/26

Issue

What are the boundaries of the national territory of the R.O.C.?

Holding

  Instead of enumerating the components, Article 4 of the Constitution provides that the national territory of the Republic of China is determined “according to its existing national boundaries.” Based on political and historical reasons, a special procedure is also required for any change of territory. The delimitation of national territory according to its history is a significant political question and thus it is beyond the reach of judicial review.

Reasoning

  How to delimit the national territory is a purely political question. It may also be called by some scholars an act of state. This question is not subject to judicial review according to the constitutional principle of separation of powers. Article 4 of the Constitution provides: "The territory of the Republic of China according to its existing national boundaries shall not be altered except by resolution of the National Assembly." Instead of enumerating the components of the R.O.C., a general provision was adopted and concurrently provided a special procedure for any change of national territory. It is understandable that this legislative policy was based upon political and historical reasons. Since the meaning of " according to its existing national boundaries" is closely related to the delimitation of national territory, accordingly, it is a significant political question. Based on the above explanation, this application for interpretation is denied.

Translated by Professor J. P. Fa.

 

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