The Constitutional Court Procedure Act takes effect today, replacing the Constitutional Interpretation Procedure Act, making Interpretation No. 813 the last Judicial Yuan interpretation. Taiwan’s system of constitutional interpretations, implemented 73 years ago, has come to an end.
Under the new system, a constitutional court comprised of 15 Grand Justices will replace the Council of Grand Justices of the old system. The new courts will hear constitutional litigation with a procedure similar to that of court proceedings, and decisions will be now known as judgements, rather than interpretations.
The difference between the old and the new system is that in addition to examining whether a law or regulation is unconstitutional, it can also examine whether a judgement itself is unconstitutional. According to the Judicial Yuan, people who believe that the laws applied in a ruling or the ruling itself are unconstitutional can apply for a review within six months of receiving the ruling.
Photo: Yang Kuo-wen, Liberty Times 照片：自由時報記者楊國文
The purpose of the new constitutional litigation system is to improve Taiwan’s constitutional review system, said Hsu Chen-chou, Chief Justice Clerk of the Judicial Yuan. The object of the constitutional review by the Grand Justices has now expanded to include the final decisions, along with the existing review of the constitutionality of law and regulations, hoping to better protect people’s rights compared to the former system.
With a total of 95 articles, the Constitutional Court Procedure Act includes many major changes, such as the introduction of the “constitutional complaint concerning a judgment” adopted from the German system, lowering the voting threshold for constitutional review cases, and allowing for the court to make public the claims it receives, in the public interest.
Another innovative change is to refer to the US Supreme Court’s amicus curiae provision, in which any person, authority or association, other than the parties involved, who considers themselves having an interest in a case pending before the Constitutional Court, may make a motion to the court to serve as an amicus curiae and appoint a representative to provide expert opinion of reference value to the court.
Photo: Wu Cheng-feng, Liberty Times 照片：自由時報記者吳政峰
(Translated by Lin Lee-kai, Taipei Times)
I’m preparing for my graduation project (5/5) 我正在準備畢業專題（五） A: Congratulations! You successfully completed the presentation of your research paper today. B: Thanks. Now, all that’s left is the product display tomorrow. A: What products is the graduating class going to display this year? B: Our class has chosen several extremely popular products: beer, masks and chocolate. Want to come? A: 恭喜你！今天的研究報告發表順利結束。 B: 謝啦，現在只剩下明天的商品展示。 A: 今年的畢業班要展示哪些商品？ B: 我們班挑選了啤酒、口罩、巧克力，都是蠻受歡迎的產品，你要來參觀嗎？ （Translated by Edward Jones, Taipei Times／台北時報張聖恩） Audio recordings for Speak Up! dialogues will be suspended until further notice due to the pandemic.
Retired teacher Sunny Hsu majored in advertising design and he is a former director of general affairs of National Keelung Commercial and Industrial Vocational Senior High School. His mother is in her 80s and suffered a brain injury that prevents her from expressing her thoughts clearly, so in 2018 he decided to go back to his hometown Penghu County to look after her, returning to Keelung for one week of each month to visit his wife and daughter. Being a keen photographer, when Hsu is staying in Penghu he often hops on a bus and goes around taking photos of
I’m preparing for my graduation project (3/5) 我正在準備畢業專題（三） A: Once you’ve written up the results, the paper is finished, right? B: Not yet: the final component is a discussion and the conclusion. A: It sounds really complex. B: This final section is the most important part of the research paper! A: 寫完研究結果，報告應該就完成了吧？ B: 還沒完，最後還有結果討論和研究結論。 A: 聽起來好複雜。 B: 這部分可是研究報告的重點呢！ （Translated by Edward Jones, Taipei Times／台北時報張聖恩） Audio recordings for Speak Up! dialogues will be suspended until further notice due to the pandemic.
I’m preparing for my graduation project (2/5) 我正在準備畢業專題 （二） A: You have to write a research paper for your graduation project? Is it difficult? B: Yep. It’s basically the same as writing a graduation thesis. A: I’ve never written a thesis before. How do you write one? B: First, you have to write an introduction, then a literature review, followed by the methodology and the results. A: 你的畢業專題還要寫研究報告？很難嗎？ B: 對啊，這就像是在寫畢業論文一樣。 A: 我從來沒寫過論文耶，那要怎麼寫呢？ B: 首先要寫研究介紹和文獻回顧，再來就是方法和結果。 （Translated by Edward Jones, Taipei Times／台北時報張聖恩） Audio recordings for Speak Up! dialogues will be suspended until further notice due to the pandemic.