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

Print Time:2024/07/22 21:21
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Article 43
(Preliminary Injunction)
As is required to prevent the basic rights protected under the Constitution and public interest from being irreparably and materially impaired, a preliminary injunction ruling, as the last resort, may be rendered by the Constitutional Court, on its own motion or the party's, in respect of the underlying disputes, the application of the impugned legal provision, or the enforcement of the impugned decision that underlies the petition, inter alia, while the petition is pending before the Constitutional Court.
Prior to rendering the ruling referred to in the preceding Paragraph, the Constitutional Court may give the parties or the interested persons the opportunity to state opinions or conduct the necessary investigations on its own.
A preliminary injunction ruling shall be rendered by a majority of the total number of the incumbent Justices of the Constitutional Court with a quorum of two-thirds of the total number of the incumbent Justices thereof taking part in the proceedings and shall give reasons.
A preliminary injunction will cease to have effect, where
(1) the final decision of the case has been rendered;
(2) over six months have elapsed since its issue; or
(3) the Constitutional Court has revoked the preliminary injunction ruling due to changes in circumstances or other special reasons in accordance with the procedural provision of the preceding Paragraph.
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