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大法官解釋表頭

(釋字第 199 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.199 
Date 1985/9/27
Issue Should the persons who are elected to the National Assembly pursuant to the Temporary Provisions Effective During the Period of National Mobilization for Suppression of the Communist Rebellion swear an oath under the Organic Act of National Assembly or under the of Oath Act like other original Assemblymen?
Holding   The provision for an oath in Article 4 of the Organic Act of National Assembly is an oath to the exercise of duty. Additional members of the National Assembly who are elected pursuant to the Temporary Provisions Effective During the Period of National Mobilization for Suppression of the Communist Rebellion are to exercise their authority together with the original members, thus they should swear an oath in accordance with the aforementioned provision.
Reasoning   The objective of requiring public officials to be sworn into office is to make a public manifestation of the officials' self discipline and determination in the exercise of their authority, which shall conform to the Constitution, and that they will be loyal to their office.

  Article 4, Paragraph 1, of the Organic Act of National Assembly provides: "Delegates to the National Assembly shall swear an oath at the commencement of the meetings of the National Assembly in the following words: I solemnly swear that I will abide by the Constitution and will follow the law when exercising my authority in representation of the people of the Republic of China." The aforementioned provision refers to the oath that the Delegates to the National Assembly should make before exercising their authority during meetings. Its relationship with Article 3 of the Oath Act is that of a special law and an ordinary law. Although Article 3, Paragraph 1, of the Oath Act has an exclusionary provision with regard to the oath taken by the Delegates to the National Assembly, Article 4 of the Organic Act of National Assembly applies in the circumstance because it is a special law, which prevails over ordinary laws. Thus, the Delegates to the National Assembly need not swear under the Oath Act.

  The Temporary Provisions Effective During the Period of National Mobilization for Suppression of the Communist Rebellion is enacted through lawful procedures prescribed by the Constitution. Additional Delegates to the National Assembly elected under the said Act are to exercise their authority together with the original Delegates, thus they should swear an oath in accordance with Article 4 of the Organic Act of National Assembly.

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

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