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大法官解釋表頭

(釋字第 31 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.31 
Date 1954/1/29
Issue Where reelection of the second-term Members of both the Legislative and Control Yuans is de facto impossible due to a severe calamity, shall the first-term Members of both Yuans be allowed to remain in office after the expiration of their respective terms as provided in Articles 65 and 93 of the Constitution?
Holding   Article 65 of Constitution provides that Members of the Legislative Yuan shall serve a term of three years; and Article 93 provides that Members of the Control Yuan shall serve a term of six years. Terms shall start from the date when those Members take office, and expire at the end of the term as provided in the Constitution. However, our state has been undergoing a severe calamity, which makes re-election of the second term of both Yuans de facto impossible. It would contradict the purpose of the Five-Yuan system as established by the Constitution, if both the Legislative and Control Yuans ceased to exercise their respective powers. Therefore, before the second-term Members are elected, convene and are convoked in accordance with the laws, all of the first-term Members of both the Legislative and Control Yuans shall continue to exercise their respective powers.

Translated by Professor Jau-Yuan Hwang.
 

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