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

Print Time:2024/11/23 21:06
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Chapter Law Content

Chapter VII. Local Self-Government
Article 82
(Petitions Concerning Constitutionality of Central Government Laws)
In cases where the legislative or executive authorities of a local self-government body, in the exercise of their powers, consider that the national law to be applied may infringe upon the powers of local self-government laid down in the Constitution and contravene the Constitution, the said authorities may lodge a petition with the Constitutional Court for a judgment declaring the impugned law unconstitutional.
Articles 50 to 54 shall apply mutatis mutandis to petitions under the preceding Paragraph.
Article 83
(Constitutional Complaints Lodged by Local Self-Government Bodies)
After exhaustion of all ordinary judicial remedies, any local self-government body which considers that a final court decision against it infringes upon its powers of local self-government laid down in the Constitution, in a dispute arising from any of the circumstances set out in the subparagraphs below, may lodge a petition with the Constitutional Court for a judgment declaring the relevant final court decision unconstitutional, if:
(1) the self-government ordinances and regulations are nullified or not approved by the central supervisory authority as is notified in writing;
(2) the self-government matters decided by the local legislative authorities are nullified by the central supervisory authority as is notified in writing; or
(3) the self-government matters administered by the local executive authorities are rescinded, amended, revoked, or discontinued by the central supervisory authority.
Petitions under the preceding Paragraph must be lodged within the peremptory period of six months after the service of the relevant final decision.
The provisions of Articles 60, 61 and Article 62, Paragraph 1, First Sentence shall apply mutatis mutandis to petitions under Paragraph 1.
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