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大法官解釋表頭

(釋字第 76 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.76 
Date 1957/5/3
Issue Shall the National Assembly, the Legislative Yuan and the Control Yuan be considered en masse as equivalent to the parliaments of democratic nations?
Holding   The Constitution was enacted according to the exhortation of Dr. Sun Yat-Sen. In addition to the National Assembly, five Yuans have been established, the concept of which is not really analogous to the separation of powers system. The National Assembly representing all the nationals exercises the political power, the Legislative Yuan is the highest legislative institution of the nation and the Control Yuan is the highest monitoring institution of the nation. All of them are composed of representatives or members that are directly or indirectly elected by the people. Their functions and powers are similar to those important powers exercised by the parliaments of democratic nations. Although some of their approachs to the exercise of power, such as a regular annual assembly, quorum and resolution by the majority are not the same as those of parliaments of democratic nations, the National Assembly, the Legislative Yuan and the Control Yuan, from the perspective of the nature of their statuses and functions in the Constitution, should be considered as equivalent to the parliaments of democratic nations.

Translated by Dr. F. T. Liao, Assistant Research Fellow, Institute of European and American Studies, Academia Sinica.
 

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