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大法官解釋表頭

(釋字第 85 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.85 
Date 1960/2/12
Issue Should those elected delegates who are unable to attend meetings in Taiwan be counted and included in calculating the “total number of National Assembly Delegates” as provided for in the Constitution?
Holding   Under the current circumstances, the “total number of National Assembly Delegates” as provided for in the Constitution shall be calculated based on the number of those delegates who were elected in accordance with the laws and are still able to convene.
Reasoning   This Interpretation arises from two separate petitions by the Executive Yuan and the Secretariat of the National Assembly. Both petitioners argue that it is infeasible to hold the reelection of the National Assembly Delegates and extremely difficult to fill most vacancies with substitutes. However, the Third Meeting of the National Assembly is soon to convene and the “total number of National Assembly Delegates” is the basis for fixing the quorum. Both petitioners therefore petitioned for constitutional interpretation to clarify such question. This Council finds that, at both the First and Second Meetings of the National Assembly, the “total number of National Assembly Delegates “as required in both the Constitution and relevant laws was calculated based on the “number of those delegates that shall be elected in accordance with the laws.” Nevertheless, our state has lost the territory of the Chinese mainland and undergone tremendous changes for more than a decade. Many delegates have lost their freedom to move and can no longer attend the meetings. We are also unable to fill those vacancies with substitutes. Undoubtedly, all of the institutions established by the Constitution are supposed to exercise their respective powers. The framers of the Constitution certainly did not intend that circumstances such as the above might prevent the National Assembly from exercising its functions as granted by the Constitution. Since the present situation is very different from those in the past, we should respect the purposes of the Constitution in establishing the National Assembly. Therefore, the “total number of National Assembly Delegates” shall be calculated based on the number of those delegates who were elected in accordance with the laws and are still able to convene at the location of the Central Government. Those delegates who are able to convene but fail to attend the meetings shall be counted in fixing such a total number.

Translator by Professor Jau-Yuan HWANG.
 

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