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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/24 15:15
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Chapter Law Content

Chapter I. General Principles
Article 1
(The Constitutional Court and Its Jurisdiction)
The Justices of the Judicial Yuan constitute the Constitutional Court, which, in accordance with this Act, has jurisdiction in respect of the cases below:
(1) constitutionality of laws and constitutional complaints;
(2) disputes between constitutional organs;
(3) impeachment of the President or the Vice President;
(4) dissolution of unconstitutional political parties;
(5) local self-government; and
(6) uniform interpretation of statutes and regulations.
Where other legislation provides for petitions to the Judicial Yuan for interpretation, such petitions shall comply with the comparable provisions of this Act.
Article 2
(The Presiding Justice of the Constitutional Court)
The Chief Justice, who serves as the President of the Judicial Yuan, shall be the presiding Justice of the proceedings. If the Chief Justice is unable to preside over the proceedings due to any cause, the Justice, who serves as the Vice President of the Judicial Yuan, shall act as the presiding Justice instead. If neither of the two Justices is able to preside, the most senior Justice sitting in the proceedings shall act as the presiding Justice; the eldest Justice shall otherwise preside over the proceedings in the case of equal seniority.
Article 3
(The Setting Up of Chambers and Their Composition and Presiding Justice)
The Constitutional Court may set up several Chambers. Each Chamber shall consist of three Justices and exercise powers in accordance with this Act.
The President and the Vice-President of the Judicial Yuan shall sit in and preside over one Chamber, respectively. Each of the other Chambers shall be presided over by the most senior Justice, or in the case of equal seniority, the eldest Justice, thereof.
Chamber membership shall be altered every two years.
Article 4
(Rules of the Constitutional Court)
The Judicial Yuan shall make the Rules of the Constitutional Court.
The Rules referred to in the preceding Paragraph shall be adopted by all Justices.
Article 5
(Application Mutatis Mutandis of the Court Organization Act)
Except otherwise provided in this Act or the Rules of the Constitutional Court, the provisions of the Court Organization Act shall apply mutatis mutandis to the following matters in respect of the proceedings of the Constitutional Court: the judicial year, case management, courtroom decorum, the use of languages, and the publication of judicial decisions.
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