| Constitution
of the Republic of China
(1947)
The ROC Constitution was adopted on December 25,
1946, by the National Constituent Assembly convened in Nanking. It was promulgated by the
National Government on January 1, 1947, and put into effect on December 25 of the same
year. In addition to the preamble, the Constitution comprises 175 articles in 14 chapters.
In essence the Constitution embodies the ideal of "sovereignty of the people,"
guarantees human rights and freedoms, provides for a central government with five branches
and a local self-government system, ensures a balanced division of powers between the
central and local governments, and stipulates fundamental national policies.
Temporary Provisions
Effective during the Period of the Communist Rebellion (1948)
In the face of the Chinese
communist threat, the National Assembly on April 18, 1948, added to the Constitution a set
of Temporary Provisions Effective During the Period of Communist Rebellion. Promulgated by
the National Government on May 10 of the same year, the Temporary Provisions which
superseded the Constitution were designed to enhance presidential power during the
emergency period of communist uprising. For example, the president may, during the period
of Communist rebellion, take emergency measures to avert an imminent danger to the
security of the nation or of the people, establish an organ for making major policy
decisions concerned with national mobilization and suppression of the Communist rebellion,
make adjustments in the administrative and personnel organs of the central government, and
initiate regulations governing the elections for additional seats in the three
parliamentary bodies. Besides, as stipulated in the Temporary Provisions, the president
and the vice president may be re-elected without being subject to the two-term restriction
prescribed in Article 47 of the Constitution.
Following a radically changed situation and
reduced tension in the Taiwan Strait in the late 1980s, the National Assembly on April 22,
1991, resolved to abolish the Temporary Provisions with a view toward fostering the
healthy development of constitutional democracy and enhancing social harmony and progress.
On April 30 of the same year, President Lee Teng-hui announced that the Period of
Communist Rebellion would be terminated on May 1.
First Revision (1991)
Adopted by the second
extraordinary session of the First National Assembly on April 22, 1991, and promulgated by
the president on May 1, 1991
Notwithstanding the termination of the Period
of Communist Rebellion, some of the articles in the Constitution remain inapplicable to
Taiwan. To meet the demands of constitutional rule, the First National Assembly, at its
second extraordinary session in April 1991, adopted ten amendments to the Constitution.
Promulgated by the president on May 1 of the same year, the highlights of these additional
articles are: (1) to provide for regular elections for the Legislative Yuan and the
National Assembly; (2) to authorize the president to issue emergency orders to avert
imminent danger to the security of the nation or of the people; (3) to stipulate that
rights and obligations between people on the two sides of the Taiwan Strait may be
specially regulated by law.
Second Revision (1992)
Adopted by the extraordinary
session of the Second National Assembly on May 27, 1992, and promulgated by the president
on May 28, 1992
After the Second National Assembly was
elected in December 1991, it met for its first extraordinary session from March to May of
the following year. On May 27, 1992, eight amendments were adopted by the session and
promulgated by the president on May 28. The highlights of these additional articles are as
follows: (1) when the National Assembly convenes, it may hear a report on the state of the
nation by the president; (2) the president and the vice president shall be elected by the
people in the free area of the Republic of China for, at most, two terms of four years
each; (3) local self-government was granted a legal basis and the provincial governor and
municipal mayors shall be elected by popular vote; (4) rather than being elected by the
provincial and municipal councils, members of the Control Yuan--a watchdog body--shall be
nominated and, with the consent of the National Assembly, appointed by the president,
whereas the president, vice president and members of the Examination Yuan and the
president and vice president of the Judicial Yuan, and its Grand Justices shall also be
nominated and, with the consent of the National Assembly, appointed by the president; (5)
expand fundamental national policies to promote culture, science and technology,
environmental protection, and economic development and to safeguard the interests of
women, aborigines, and the handicapped; and (6) the Grand Justices of the Judicial Yuan
shall form a constitutional tribunal to adjudicate on the dissolution of political parties
for constitutional violations.
Third Revision (1994)
Adopted by the fourth
extraordinary session of the Second National Assembly on July 28, 1994, and promulgated by
the president on August 1, 1994
In July 1994, during its fourth extraordinary
session, the Second National Assembly adopted ten new amendments to replace the eighteen
amendments of the First and Second Revisions. Promulgated by the president on August 1 of
the same year, these ten articles stipulate, among others: (1) beginning with the Third
National Assembly, the National Assembly shall have a speaker and a deputy speaker; (2)
the president and vice president shall be elected by direct popular vote, but the recall
of the president and the vice president shall be proposed by the National Assembly and
such proposal shall be passed by more than half of all voters; and (3) presidential orders
to appoint or remove from office personnel appointed with the confirmation of the National
Assembly or Legislative Yuan in accordance with the Constitution do not require the
counter-signature of the premier.
Fourth Revision (1997)
Adopted by the second session
of the Third National Assembly on July 18, 1997, and promulgated by the president on July
21, 1997.
During its second session, the Third National
Assembly adopted eleven new amendments in June and July of 1997 to replace the
above-mentioned ten amendments. Promulgated by the president on July 21 of the same year,
the most important stipulations are: (1) the president of the Executive Yuan shall be
appointed by the president, requiring no consent of the Legislative Yuan; (2) the
president may, within ten days following the passage by the Legislative Yuan of a
no-confidence vote against the president of the Executive Yuan, declare the dissolution of
the Legislative Yuan after consulting with its president; (3) the power to impeach the
president or the vice president shall be transferred from the Control Yuan to the
Legislative Yuan, and such action shall be initiated for high treason or rebellion only;
(4) the Executive Yuan may request the Legislative Yuan to reconsider the passage of a
bill that it deems difficult to execute; but, should more than one-half, rather than
two-thirds, of the total number of Legislative Yuan members uphold the original passage of
the bill, the president of the Executive Yuan shall immediately accept said bill; (5) the
Legislative Yuan shall have 225 members starting with the Fourth Legislative Yuan; (6)
beginning from the year 2003, the Judicial Yuan shall have 15 grand justices, including a
president and a vice president of the Judicial Yuan. Each grand justice of the Judicial
Yuan shall serve a term of eight years, independent of the order of appointment to office,
and shall not serve a consecutive term; (7) the budget of the Judicial Yuan shall be
independent, no longer requiring the approval of the Executive Yuan; (8) Taiwan provincial
elections shall be suspended; Taiwan province shall have a provincial government and a
provincial advisory council; the members of the provincial government, one of whom shall
be the provincial governor, shall be nominated by the president of the Executive Yuan and
appointed by the president of the Republic; (9) the State shall assist and protect the
survival and development of small and medium enterprises; and (10) the requirement of
minimum funding for education, science and culture shall be abolished.
Fifth Revision (1999)
Revised by the fourth session
of the Third National Assembly on September 3, 1999, and promulgated by the president on
September 15, 1999
The Council of Grand Justices, in
its Constitutional Interpretation No. 499 on March 24, 2000, announced that the Additional
Articles of the Constitution approved on September 15, 1999, were void, effective
immediately. The revised Additional Articles promulgated on July 21, 1997 would remain in
effect.
Sixth Revision (2000)
The revision of the Additional
Articles of the Constitution of the Republic of China was approved by the fifth session of
the Third National Assembly on April 24, 2000, and promulgated by the president on April
25, 2000.
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