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大法官解釋表頭

(釋字第 259 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.259 
Date 1990/4/13
Issue Shall the laws of the Central Government be applicable to special (Executive-Yuan-governed) municipalities before laws of local self-governance are enacted?
Holding   Article 118 of the Constitution expressly stipulates that the self-governance of an special (Executive-Yuan-governed) municipality shall be prescribed by law. However, the abovementioned law has not yet been enacted, and the existing organization of special municipalities and the administration of local self-governance matters are governed by laws of the Central Government. To render the constitutional intent of local self-governance effective, there shall be enacted laws for the special municipalities’ self-governance, taking into consideration the practical circumstances. Until such laws are enacted, the existing laws of the Central Government shall remain in effect.
Reasoning   The Constitution provides different systems of local government for the province, counties and special municipalities in Chapter XI. Article 118 of the Constitution has authorized the enactment of laws for self-governance of special municipalities. Although the local self-governance of special municipalities need not follow the same procedures as those of the province or counties, it still has to abide by the Constitution and enact the relevant laws.

  The Constitution stipulates that local self-governance must be achieved in an orderly manner; however, the abovementioned law has not yet been enacted. The existing organization of special municipalities and the administration of local self-governance matters are governed by laws of the Central Government. To render the constitutional intention of local self-governance effective, the government shall promptly enact laws for the special municipalities’ self-governance, taking into consideration the practical circumstances in order to facilitate improvement. The self- governance and local administration of special municipalities must not be suspended, thus until the aforementioned laws are enacted, the existing laws of the Central Government shall remain in effect.

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

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