Judicial Yuan

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Judicial Yuan
(Constitutional Court)
司法院
Sīfǎ Yuàn (Mandarin)
Su-hoat Īⁿ (Taiwanese)
Sṳ̂-fap Yen (Hakka)
ROC Judicial Yuan Logo.svg
Judicial Yuan Building 20060521.jpg
The Judicial Building houses the Constitutional Court
Established1947
LocationZhongzheng, Taipei
Coordinates25°02′16″N 121°30′44″E / 25.0379°N 121.5121°E / 25.0379; 121.5121Coordinates: 25°02′16″N 121°30′44″E / 25.0379°N 121.5121°E / 25.0379; 121.5121
Composition methodPresidential appointment with Legislative Yuan consent
Authorized byAdditional Articles and original Constitution of the Republic of China
Judge term length8 years
Number of positions15
Websitewww.judicial.gov.tw
President and Chief Justice
CurrentlyHsu Tzong-li
SinceNovember 1, 2016
Vice President and Justice
CurrentlyTsai Jeong-duen
SinceNovember 1, 2016
Judicial Yuan
Former Gate of Ministry of Justice in Nanjing 02 2013-04.JPG
The former Judicial Yuan building in Nanking
Chinese司法院

The Judicial Yuan (Chinese: 司法院; pinyin: Sīfǎ Yuàn; Pe̍h-ōe-jī: Su-hoat Īⁿ) is the judicial branch of the government of the Republic of China on Taiwan.[1][2] It runs a Constitutional Court and oversees all systems of courts of Taiwan, including ordinary courts like the supreme court, high courts, district courts as well as special courts like administrative courts and disciplinary courts. By Taiwanese law, the Judicial Yuan holds the following powers:[3]

According to the current Constitution,[2] the Constitutional Court comprises 15 justices. One justice acts as the President of the court, and another acts as the Vice President. All justices, including the President and Vice President, are appointed by the President of the Republic with the consent of the Legislative Yuan. Upon appointment justices have a term limit of eight years, but this term limit does not apply to the President and Vice President.

Constitutional Court[edit]

History[edit]

Before the 1980s, the impact of the Constitutional Court was limited by authoritarian governance. The Court can be seen as an instrument of the Kuomintang regime. It never accepted a case on the constitutionality of the Temporary Provisions, which were the basis of authoritarian rule; The Court declined to hear challenges to these Provisions, and issued a number of decisions that facilitated Kuomintang rule within the confines of at least nominal constitutionalism.[4] For the most part, the court served as a legal advisor to the government, rendering decisions that unified interpretations of statutes or ordinances or providing legitimacy for these politically expedient solutions as a result of extension of legislative representatives' terms.[5] In Interpretation No 31 of 1954, the court extended the legislative representatives' terms, ruling that 'the nation was under crisis and the country could not hold the election for the second term legally'. In the 1960s and 1970s, the Constitutional Court further affirmed the constitutionality of adding extra seats to both the Legislative Yuan and the National Assembly by means of legislative enactments in Interpretation Nos 117 and 150.[5]

Prior to the 1980s, the Constitutional Court rarely asserted itself as the guardian of the Constitution; on rare occasions, however, the court nevertheless risked undermining its own institutional authority by standing in opposition to other branches of government. In Interpretation No 86 of 1960, the court held that the law that allowed the Ministry of Justice to supervise the lower courts was inconsistent with the constitution and required all courts to be placed under the Judicial Yuan. However, this decision was ignored by the government, and the impugned law was not revised until 1980.[5]

After the succession of Lee Teng-hui as President in 1987, however, the Court gradually became more active. It began to strike administrative actions that were vague or delegated too much power to the executive branch. Amongst its decisions, the Court ended the ban on rallies advocating secessionism or communism as a violation of free speech, allowed universities to refuse to allow military "counselors", whose presence in dorms had formerly been mandatory, and allowed teachers to form a union outside the "official" union structure.[5] Constitutional amendments in 1992 provided for the Court to hear challenges against "unconstitutional" political parties, defined as those whose "goals or activities jeopardize the existence of the ROC or a free democratic constitutional order."[4]

Amidst the divided government between 2000 and 2008, the Constitutional Court became a primary political mediator of highly charged political disputes; it adopted a 'dialectic approach' in facilitation of political dialogues. For example, in a constitutional dispute concerning the suspension of the construction of a nuclear power plant, the Court held that the Democratic Progressive Party-led Executive Yuan should negotiate with the Kuomintang-dominated Legislative Yuan to resolve the issue.[5] The unity of the executive and legislative branches since 2008 has seen a decline in the number of politically high-profile cases entering into the Constitutional Court's docket. At the same time, the number of individuals' petitions challenging legislative or executive acts on grounds of violation of constitutional rights continued to rise steadily, and the Constitutional Court has responded to these rights challenges with a high number of declarations of unconstitutionality.[5]

Functions[edit]

The Constitutional Court consists of 15 justices.

The Constitutional Court (Chinese: 憲法法庭; pinyin: Xiànfǎ Fǎtíng; Pe̍h-ōe-jī: Hiàn-hoat Hoat-têng), also previously known as the Council of Grand Justices (大法官會議), provides rulings on the following six categories of cases:

  1. Constitutionality of laws and constitutional complaints (Chapter III cases);
  2. Disputes between constitutional organs (Chapter IV cases);
  3. Impeachment of the President and the Vice President (Chapter V cases);
  4. Dissolution of unconstitutional political parties (Chapter VI cases);[1][2]
  5. Local self-government (Chapter VII cases); and
  6. Uniform interpretation of statutes and regulations (Chapter VIII cases).

A petition to declare regulations or laws unconstitutional (Chapter III cases) shall be filed in the following circumstances:

  • A highest state organ which, in the exercise of its powers or on account of its subordinate agency's exercise of powers, considers that the applicable law is in contravention of the Constitution may lodge a petition with the Constitutional Court for a judgment declaring the impugned law unconstitutional. A subordinate agency which, in the exercise of its powers, considers that the applicable law is in contravention of the Constitution may request its superior agency to lodge the petition;
  • A quarter or more of the incumbent Legislators who, in the exercise of their powers, believe that the relevant statutory law is in contravention of the Constitution may lodge a petition with the Constitutional Court for a judgment declaring the impugned statutory law unconstitutional;
  • A court which strongly believes, on reasonable grounds, that an applicable statutory law on whose validity depends the court's decision of a pending case is in contravention of the Constitution may lodge a petition with the Constitutional Court for a judgment declaring the impugned applicable law unconstitutional; or
  • After exhaustion of all ordinary judicial remedies, any person who believes that a final court decision that finds against her or him or a legal provision applied in such a court decision contravenes the Constitution may lodge a petition with the Constitutional Court for a judgment declaring the decision or the impugned legal provision unconstitutional.

Justices[edit]

There are in total of 15 justices (Chinese: 大法官; pinyin: Dàfǎguān; Pe̍h-ōe-jī: Tōa-hoat-koaⁿ) serving in the Constitutional Court, current members are: [6]

Chief Justice and President Justice and Vice President
Hsu Tzong-li Tsai Jeong-duen
Justices
Term from 2015 to 2023 Term from 2016 to 2024 Term from 2019 to 2027
Lin Jiun-Yi
Huang Horng-Shya
Tsai Ming-Cheng
Wu Chen-Huan
Chang Chong-Wen
Hsu Chih-Hsiung
Huang Jui-Ming
Hwang Jau-Yuan
Jan Sheng-Lin
Lu Tai-Lang
Shieh Ming-Yan
Tsai Tzung-Jen
Yang Hui-Chin

Important decisions[edit]

Important decisions of the Constitutional Court are listed as the following.

Interpretations made before the Constitutional Court Procedure Act[edit]

No. Date Summary Ref
1 Jan 6, 1949 Legislative Yuan members shall not hold positions in executive government concurrently. [7]
31 Jan 29, 1954 Extended term of the first Legislative Yuan and Control Yuan indefinitely until the next elections in China. [8]
76 May 3, 1957 The issue of the tricameral parliament of China: National Assembly, Control Yuan and Legislative Yuan [9]
86 Aug 15, 1960 All high courts and district courts shall be organizationally placed under the Judicial Yuan [10]
99 Dec 19, 1962 The New Taiwan Dollar shall be the national fiat money, not local currency, and the Central Bank entrusted the issuance. [11]
261 Jun 21, 1990 Term of the first National Assembly, Legislative Yuan, and Control Yuan shall be terminated by December 31, 1991.
This interpretation resulted in the total re-election of the National Assembly in 1991 and the Legislative Yuan in 1992.
This interpretation also opened the subsequent legislative elections in Taiwan.
[12]
328 Nov 11, 1993 Coverage of the national territory shall not be interpreted by the Constitutional Court. [13]
365 Sep 23, 1994 Judged the jus sanguinis principle in the Taiwanese nationality law shall apply to both mother and father. [14]
499 Mar 24, 2000 Voided the 5th amendment of the Additional Articles of the Constitution [15]
644 Jun 20, 2008 Judged the ban of "advocate Communism or secession" in the Civil Associations Act as unconstitutional. [16]
748 May 24, 2017 Judged the statutory ban on same-sex marriage in the Taiwanese Civil Code as unconstitutional.
The government shall take motion to legalize same-sex marriage in Taiwan.
[17]
791 May 29, 2020 Judged the criminalization of adultery as unconstitutional.
Interpretation No. 31[edit]

In 1954, the Council of Grand Justices extended the terms of members of the Legislative Yuan and the Control Yuan elected in 1948, ruling that:

"[T]he nation was under crisis and the country could not hold the election for the second term legally."[5]

As a result of the Council’s ruling, first-term members of the Legislative and Control Yuans continued to serve for the next four decades until 1992, resulting in distortions of representation. Following the death of some of those representatives, the Temporary Provisions against the Communist Rebellion were amended to allow vacancies to be filled by holding supplementary elections or by adding more seats for representatives elected locally in Taiwan.[5]

Interpretation No. 261[edit]

The Council of Grand Justices issued interpretation No. 261 on June 21, 1990. The Council of Grand Justices ruled on the constitutionality of the continued sitting in the National Assembly of members elected on the mainland in 1948 and ordered that:

"[T]hose first-term national representatives who have not been re-elected on a periodical basis to cease the exercise of their powers no later than December 31, 1991."[5]

The court further required the government to hold a nationwide second-term election of the national representatives including a certain number of representatives-at-large for the proper functioning of the constitutional system.[5]

Interpretation No. 499[edit]

The Constitutional Court, in voiding the 5th amendment of the Additional Articles of the Constitution, developed criteria by which the constitutionality of a constitutional amendment should be judged:

  • a constitutional amendment must be enacted in accordance with constitutional due process; and
  • since a constitutional amendment is enacted on the basis of powers bestowed by the constitution, it cannot alter ‘the existing constitutional provisions of essential significance, such as the principle of the democratic republic, the principle of sovereignty of and by the people, the core contents of fundamental rights of people, and the principle of checks and balances of governmental powers.’[5]

Judgements made after the Constitutional Court Procedure Act[edit]

No. Date Summary Ref
Judgement 2, 111 Feb 25, 2022 "Reasonable Compensation" stated in Paragraph 1, Article 195 of the Civil code does not include compulsory apology ordered by a judicial court.

Ordinary courts[edit]

Supreme court[edit]

The Supreme Court (Chinese: 最高法院; pinyin: Zuìgāo Fǎyuàn; Pe̍h-ōe-jī: Chòe-ko Hoat-īⁿ) is the court of last resort for civil and criminal cases. A civil case can be appealed to the Supreme Court only when more than NT $1,500,000 is at stake. Except for petty offences enumerated in Article 376 of the Code of Criminal Procedure, any criminal case may be appealed to the Court.

This Court exercises jurisdiction over the following cases:

  • appeals from judgments of High Courts or their branches as courts of first instance in criminal cases;
  • appeals from judgments of High Courts or their branches as courts of second instance in civil and criminal cases;
  • appeals from rulings of High Courts or their branches;
  • appeals from judgments or rulings rendered by the civil court of second instance by the summary procedure, the amounts in controversy exceeding NT $1,500,000, and with permission granted in accordance with specified provisions;
  • civil and criminal retrials within the jurisdiction of the court of third instance;
  • extraordinary appeals; or
  • any other case as specified by laws.

High court[edit]

Tainan High Court

There are six High Court (Chinese: 高等法院; pinyin: Gāoděng Fǎyuàn; Pe̍h-ōe-jī: Ko-téng Hoat-īⁿ) branches in Taiwan:

No. Name Chinese
1 Taiwan High Court 臺灣高等法院
2 Taiwan High Court Taichung Branch Court 臺灣高等法院臺中分院
3 Taiwan High Court Tainan Branch Court 臺灣高等法院臺南分院
4 Taiwan High Court Kaohsiung Branch Court 臺灣高等法院高雄分院
5 Taiwan High Court Hualien Branch Court 臺灣高等法院花蓮分院
6 Fujian High Court Kinmen Branch Court 福建高等法院金門分院

The High Courts and its branches exercise jurisdiction over the following cases:[18]

  • Appeals from judgments of the District Courts or their branches as courts of the first instance in ordinary proceedings of civil and criminal cases;
  • Interlocutory appeals from rulings of the District Courts or their branches in ordinary proceedings;
  • First instance criminal cases relating to rebellion, treason, and offenses against friendly relations with foreign states;
  • Military appellate cases whose judgments are imprisonment for a definite period rendered by the High Military Courts and their branches; and
  • Other cases prescribed by law.

The High Courts and its Branch Courts are divided into civil, criminal and specialized divisions. Each Division is composed of one Division Chief Judge and two Associate Judges. Additionally, the High Court and its Branch Courts have a Clerical Bureau, which is headed by a Chief Clerk who assists the President with administrative affairs.[18]

Cases before the High Courts or its Branch Courts are heard and decided by a panel of three judges. However, one of the judges may conduct preparatory proceedings.[18]

The Court has seven civil courts, each of which has one presiding judge and three judges to handle civil appeals of the second instance and counter-appeal cases under the system of collegial panels, but they do not deal with simple litigation. The Court has eleven criminal courts, each of which has one presiding judge and two or three judges to handle criminal appeals of the second instance and counter-appeal cases under the system of collegial panels as well as litigation of the first instance concerning civil strife, foreign aggression or violation of foreign relations. Based on various needs, the Court manages several professional courts such as the Professional Court of Fair Trade Cases, Family Professional Court, Professional Court of International Trade, Maritime Professional Court, Professional Court of State Compensation, Professional Court of Anti-corruption, Professional Court of Intellectual Property Rights, Professional Court of Juvenile Delinquency, Professional Court of Serious Criminal Cases, Professional Court of Public Security, Professional Court of Fair Trade Act, Professional Court of Sexual Harassment, etc.[18]

District court[edit]

Hualien District Court

There are currently 22 District Courts (Chinese: 地方法院; pinyin: Dìfāng Fǎyuàn; Pe̍h-ōe-jī: Tē-hng Hoat-īⁿ) in Taiwan:[19]

No. Name Chinese No. Name Chinese No. Name Chinese
1 Changhua 臺灣彰化地方法院 9 Lienchiang 福建連江地方法院 17 Tainan 臺灣臺南地方法院
2 Chiayi 臺灣嘉義地方法院 10 Miaoli 臺灣苗栗地方法院 18 Taipei 臺灣臺北地方法院
3 Ciaotou 臺灣橋頭地方法院 11 Nantou 臺灣南投地方法院 19 Taitung 臺灣臺東地方法院
4 Hsinchu 臺灣新竹地方法院 12 New Taipei 臺灣新北地方法院 20 Taoyuan 臺灣桃園地方法院
5 Hualien 臺灣花蓮地方法院 13 Penghu 臺灣澎湖地方法院 21 Yilan 臺灣宜蘭地方法院
6 Kaohsiung 臺灣高雄地方法院 14 Pingtung 臺灣屏東地方法院 22 Yunlin 臺灣雲林地方法院
7 Keelung 臺灣基隆地方法院 15 Shilin 臺灣士林地方法院
8 Kinmen 福建金門地方法院 16 Taichung 臺灣臺中地方法院

Each District Court may establish one or more summary divisions for the adjudication of cases suitable for summary judgment. The civil summary procedure is for cases involving an amount in controversy of not more than 300,000 New Taiwan dollar and for simple legal disputes.[19] Currently there are a total of 45 divisions in Taiwan.[19] Additionally, there is a Taiwan Kaohsiung Juvenile Court, established in accordance with the Law Governing the Disposition of Juvenile Cases.[19]

Each of the District Courts has civil, criminal and summary divisions and may establish specialized divisions to handle cases involving juveniles, family, traffic, and labor matters as well as motions to set aside rulings on violations of the Statute for the Maintenance of Social Order.[19] Each division has a Division Chief Judge who supervises and assigns the business of the division. Each District Court has a Public Defenders' Office and a Probation Officers' Office.[19]

A single judge hears and decides cases in ordinary and summary proceedings as well as in small claims cases.[19] A panel of three judges decides cases of great importance in ordinary proceedings as well as appeals or interlocutory appeals from the summary and small claims proceedings.[19] Criminal cases are decided by a panel of three judges, with the exception of summary proceedings which may be held by a single judge.[19] The Juvenile Court hears and decides only cases involving juveniles.[19]

Special courts[edit]

Administrative court[edit]

The administrative courts (Chinese: 行政法院; pinyin: Xíngzhèng Fǎyuàn; Pe̍h-ōe-jī: Hêng-chèng Hoat-īⁿ) handle cases regarding administrative litigation. The current administrative litigation system adopts a "Two Level Two Instance System" litigation procedure. The administrative courts are classified into the High Administrative Court, which is the court of first instance, and the Supreme Administrative Court, which is the appellate court. The first instance of the High Administrative Court is a trial of facts. The Supreme Administrative Court is an appellate court.

Name Chinese
Supreme Administrative Court 最高行政法院
Taipei High Administrative Court 臺北高等行政法院
Taichung High Administrative Court 臺中高等行政法院
Kaohsiung High Administrative Court 高雄高等行政法院
Tainan High Administrative Court (planned) 臺南高等行政法院(籌設中)

Intellectual Property and Commercial Court[edit]

The Intellectual Property and Commercial Court (Chinese: 智慧財產及商業法院; pinyin: Zhìhuìcáichǎn Fǎyuàn; Pe̍h-ōe-jī: Tì-hūi-châi-sán Hoat-īⁿ)[20] handles cases regarding intellectual properties and commerce.

Disciplinary court[edit]

The disciplinary court (Chinese: 懲戒法院; pinyin: Chéngjiè Fǎyuàn; Pe̍h-ōe-jī: Têng-kài Hoat-īⁿ)[21] maintains official discipline and punishes public servants, regardless of rank or appointment, for violations of the law or negligence in his or her duty in accordance with Article 77 of the Constitution.

Judges[edit]

Article 80 of the Constitution states that Judges shall be above partisanship and shall, in accordance with law, hold trials independently, free from any interference.[1] Furthermore, Article 81 states that Judges shall hold office for life.[1] No judge shall be removed from office unless he has been guilty of a criminal offense or subjected to disciplinary measure, or declared to be under interdiction.[1] No judge shall, except in accordance with law, be suspended or transferred or have his salary reduced.[1] Judges shall be appointed from those persons who have passed the Examination of Judicial Officials, completed the Training Course for Judicial Officials and possessed distinguished records after a term of practice.[3]

President and Vice President of Judicial Yuan[edit]

Hsu Tzong-li, the incumbent President of Judicial Yuan.

Since a constitutional amendment ratified in 1997, the President and Vice President of the Judicial Yuan need to be justices. However, they are not subject to the 8-year term limit like the other 13 justices. In the current constitution, the President and Vice President of the Judicial Yuan shall be nominated by the President of Taiwan and approved by the Legislative Yuan (the parliament of Taiwan).

Before 1947 Constitution[edit]

President Vice President

1947 Constitution[edit]

Term Date President Vice President Note
1 July 1948 – May 1950 Wang Ch'ung-hui Shi Zhiquan Inaugurated in Nanking and moved to Taipei
May 1950 – March 1958 Hsieh Kuan-sheng President Wang Chung-hui died in office
March 1958 – June 1958 Vice President as Acting President
2 June 1958 – July 1965 Hsieh Kuan-sheng Fu Bingchang Vice President Fu Ping-chang died in office
July 1965 – July 1966 Post vacant
July 1966 – December 1971 Xie Yingzhou President Hsieh Kuan-sheng died in office
3 December 1971 – April 1972 Tien Chung-chin Vice President Hsieh Ying-chou died in office
April 1972 – July 1972 Post vacant
July 1972 – March 1977 Tai Yen-hui President Tien Chung-chin died in office
4 April 1977 – July 1979 Tai Yen-hui Han Chung-mo Tai Yen-hui is the first Taiwanese President
5 July 1979 – May 1987 Huang Shao-ku Hung Shou-nan
6 May 1, 1987 – May 1, 1993 Lin Yang-kang Wang Tao-yuan
May 1, 1993 – Sep 1, 1994 Lu Yu-wen
7 Sep 1, 1994 – Aug 1, 1998 Shih Chi-yang
Aug 1, 1998 – Feb 1, 1999 Post vacant Constitution amended, justices took over the positions

1997 Constitution amendment[edit]

Term Date President Vice President
1 Feb 1, 1999 – Sep 30, 2003 Weng Yueh-sheng Cheng Chung-mo
2 Oct 1, 2003 – Apr 7, 2006 Weng Yueh-sheng Cheng Chung-mo
3 Apr 7, 2006 – Sep 30, 2007 Lai In-jaw
4 Oct 1, 2007 – Jul 18, 2010 Lai In-jaw Hsieh Tsai-chuan
Jul 19, 2010 – Oct 12, 2010 Vice President as Acting President
5 Oct 13, 2010 – Oct 31, 2016 Rai Hau-min Su Yeong-chin
6 Nove 1, 2016 – present Hsu Tzong-li Tsai Jeong-duen

See also[edit]

References[edit]

  1. ^ a b c d e f See Constitution arts. 77-82, available at "Constitution of the Republic of China (Taiwan)". January 1, 1947.
  2. ^ a b c See Additional Articles of the Constitution art. 5, available at "Additional Articles of the Constitution of the Republic of China (Taiwan)". July 10, 2005.
  3. ^ a b See Introduction to the Judicial Yuan, available at "Judicial Yuan >> About Us >> Introduction". November 2019.
  4. ^ a b Ginsburg, Tom (2008). "Constitutional Courts in East Asia: Understanding Variation". Journal of Comparative Law. 3: 80. Retrieved 10 March 2022.
  5. ^ a b c d e f g h i j k Chen, Albert; Harding, Andrew (2018). Chen, Albert H. Y; Harding, Andrew (eds.). Constitutional Courts in Asia: A Comparative Perspective. Cambridge: Cambridge University Press. p. 210-240. doi:10.1017/9781108163903. ISBN 9781108163903. S2CID 240223556. Retrieved 10 March 2022.
  6. ^ "Justices of the Constitutional Court". October 1, 2019.
  7. ^ "No.1 - Constitutional Court R.O.C. (Taiwan)". cons.judicial.gov.tw. Retrieved 2022-07-23.
  8. ^ "憲法法庭 - 404 Error". cons.judicial.gov.tw. Retrieved 2022-07-23.
  9. ^ "N0.76". cons.judicial.gov.tw. Retrieved 2022-11-06.
  10. ^ "No.86【Separation of the Judicial and the Prosecutorial Institutions Case】".
  11. ^ "N0.99". cons.judicial.gov.tw. Retrieved 2022-07-23.
  12. ^ "No.261". cons.judicial.gov.tw. Retrieved 2022-07-23.
  13. ^ "No.328". cons.judicial.gov.tw. Retrieved 2022-07-23.
  14. ^ "No.365 - Constitutional Court R.O.C. (Taiwan)". cons.judicial.gov.tw. Retrieved 2022-07-23.
  15. ^ "No.499【 Unconstitutional Constitutional Amendments Case】".
  16. ^ "No.644【The Prohibition against Associations Advocating Communism or Secession Case】".
  17. ^ "No.748【Same-Sex Marriage Case】".
  18. ^ a b c d See, Taiwan High Court, available athttp://tph.judicial.gov.tw/en/default.htm (last visited Mar. 28, 2012)
  19. ^ a b c d e f g h i j See, Taipei District Court, About Us - Organization,http://tpd.judicial.gov.tw/indexen.asp?struID=52&navID=53&contentID=125 (last visited Mar. 28, 2012)
  20. ^ "Intellectual Property Court". July 17, 2020.
  21. ^ "懲戒法院 (Disciplinary Court)". July 17, 2020.

External links[edit]