Preface to Volume Three ix

I. Introduction 1

II. Leading Cases



1. Legislature

No. 721 (Election of Party-list Proportional Representatives Case) 9

No. 325 (The Parliamentary Power of Inquiry Case) 17

No. 585 (Scope of Legislative Authority Case) 25

No. 461 (Duty of the Chief of General Staff to Be Present and Answer Questions in Legislative Committees Case) 65

No. 435 (Speech Immunity of Legislators Case) 71

No. 632 (The Exercise of Constitutional Powers and the Duty of Loyal Cooperation of Constitutional Organs Case) 75

No. 329 (Treaties Subject to the Parliamentary Deliberation of the Legislative Yuan Case) 85



2. Executive

No. 627 (Presidential Immunity and Secret Privilege Case) 91

No. 419 (Vice President Concurrently Assuming Office of Premier Case) 111

No. 520 (Withholding of the Fourth Nuclear Power Plant Budget Case) 147

No. 613 (Legislative Authority over Executive Personnel Case) 163



3. Judiciary

No. 530 (Administrative Supervision of the Supreme Judicial Institution Case) 183

No. 216 (Judicial Review of Administrative Ordinances Case) 193

No. 601 (Deletion of the Budget Appropriated as a Specialized Payment for the Justices Case) 197

No. 185 (Remedies against Judgments that Rely upon Precedents Declared Unconstitutional Case) 221

No. 177 (Permissibility of Retrial When a Relevant Provision of Law Not Applied Affects the Judgment Case) 225

No. 741 (Scope of Original Cases Eligible for Extraordinary Remedies under Interpretations Declaring Laws Unconstitutional but Valid for a Prescribed Period of Time Case) 231

No. 599 (Preliminary Injunction against Mandatory Fingerprinting for Identity Cards Case) 239

No. 328 (Can the Constitutional Court interpret the delimitation of the boundaries of national territory?) 247



4. Local Governments

No. 553 (Judicial Review and the Local Government Act Case) 249

No. 527 (Petition for Interpretation of the Local Government Act Case) 259



Appendix

Constitution 271

Additional Articles of the Constitution 307

Judicial Yuan Organization Act (Excerpt) 319

Constitutional Court Procedure Act (1993) 323

Justices of the Constitutional Court 333

Complete Lists of J.Y. Interpretations 381

Translators and English Editor of the Leading Cases 383

Index

Subject Index 387

Case Index 389