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(釋字第 183 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.183 
Date 1983/10/7
Issue What are the requirements to be satisfied before the people may apply for a constitutional interpretation? And to what extent will the interpretation so rendered be valid?
Holding   Reference to "Interpretations by this Yuan rendered upon the people's applications" in Interpretation No.177 means interpretations requested by the people in accordance with Article 4, Paragraph 1, Subparagraph 2, of the Grand Justices Council Adjudication Act. The matter of the force of this Yuan's interpretation given upon request by the central or regional authorities with respect to doubts and disputes that have arisen due to their adoption of the Constitution, statutes or orders is a separate issue.
Reasoning   When the people's constitutionally-protected rights are illegally infringed upon, the people may institute proceedings pursuant to legal procedures, and may apply for interpretations of the Constitution when there are doubts concerning the constitutionality of the laws or orders adopted by final court judges. The foregoing is expressly provided in Article 4, Paragraph 1, Subparagraph 2, of the Grand Justices Council Adjudication Act. Pursuant to the said provision, there are three elements to be satisfied when the people apply for an interpretation of the Constitution: 1) the people's constitutionally-protected rights must have been unlawfully infringed upon; 2) proceedings must have been instituted under lawful procedures; and 3) there must be doubts concerning the constitutionality of the laws or orders adopted by the final court judge. Only when all three elements are satisfied can an action stand. Therefore, applications by the people for an interpretation of the Constitution shall be with respect to a final court judgment. Accordingly, reference to "Interpretations by this Yuan rendered upon the people's applications" in Interpretation No. 177 shall mean interpretations requested by the people in accordance with Article 4, Paragraph 1, Subparagraph 2, of the Grand Justices Council Adjudication Act. The force and effect of the said Interpretation extend to cases based on which applicants may apply for interpretations and for relief pursuant to lawful procedures. The matter of the force of this Yuan's interpretation given upon request by the central or regional authorities with respect to doubts and disputes that have arisen due to their adoption of the Constitution, statutes or orders is a separate issue.

Translated by Wei-Feng Huang of THY Taiwan International Law Offices.
 

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