憲法訴訟法

1(The Constitutional Court and Its Jurisdiction)

2The Justices of the Judicial Yuan constitute the Constitutional Court, which, in accordance with this Act, has jurisdiction in respect of the cases below:

3(1) constitutionality of laws and constitutional complaints;

4(2) disputes between constitutional organs;

5(3) impeachment of the President or the Vice President;

6(4) dissolution of unconstitutional political parties;

7(5) local self-government; and

8(6) uniform interpretation of statutes and regulations.

9Where other legislation provides for petitions to the Judicial Yuan for interpretation, such petitions shall comply with the comparable provisions of this Act.

1(The Presiding Justice of the Constitutional Court)

2The Chief Justice, who serves as the President of the Judicial Yuan, shall be the presiding Justice of the proceedings. If the Chief Justice is unable to preside over the proceedings due to any cause, the Justice, who serves as the Vice President of the Judicial Yuan, shall act as the presiding Justice instead. If neither of the two Justices is able to preside, the most senior Justice sitting in the proceedings shall act as the presiding Justice; the eldest Justice shall otherwise preside over the proceedings in the case of equal seniority.

1(The Setting Up of Chambers and Their Composition and Presiding Justice)

2The Constitutional Court may set up several Chambers. Each Chamber shall consist of three Justices and exercise powers in accordance with this Act.

3The President and the Vice-President of the Judicial Yuan shall sit in and preside over one Chamber, respectively. Each of the other Chambers shall be presided over by the most senior Justice, or in the case of equal seniority, the eldest Justice, thereof.

4Chamber membership shall be altered every two years.

1The Judicial Yuan shall make the Rules of the Constitutional Court.

2The Rules referred to in the preceding Paragraph shall be adopted by all Justices.

3Where the number of incumbent Justices falls short of the number prescribed in Article 5, Paragraph 1 of the Additional Articles of the Constitution due to expiration of term, resignation, removal from office, or death, the President shall submit nominees for all vacancies within two months.

1(Application Mutatis Mutandis of the Court Organization Act)

2Except otherwise provided in this Act or the Rules of the Constitutional Court, the provisions of the Court Organization Act shall apply mutatis mutandis to the following matters in respect of the proceedings of the Constitutional Court: the judicial year, case management, courtroom decorum, the use of languages, and the publication of judicial decisions.

1(Parties)

2Reference to parties in this Act refers to petitioners and respondents in cases governed by:

3(1) Chapter III (constitutionality of laws and constitutional complaints): the highest state organ, the Legislators, the court, and the person lodging a petition;

4(2) Chapter IV (disputes between constitutional organs): the petitioning highest state organ and the respondent organ;

5(3) Chapter V (impeachment of the President or the Vice President): the petitioning impeaching authority and the impeached;

6(4) Chapter VI (dissolution of unconstitutional political parties): the petitioning authority and the respondent political party;

7(5) Chapter VII (local self-government): the petitioning local self-government body or the petitioning legislative or executive authorities thereof; or

8(6) Chapter VIII (uniform interpretation of statutes and regulations): the person lodging a petition.

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1(Appointed and Designated Petitioners)

2Multiple petitioners may appoint no more than three persons among themselves as the appointed petitioners to lodge the petition on behalf of all the petitioners; provided that the withdrawal of the petition requires the consent of all the petitioners.

3In a petition where there are more than ten petitioners and none is appointed to act on their behalf according to the preceding Paragraph, the Chamber may order the petitioners to make the pertinent appointment within a specified period of time. If the petitioners fail to do so within the specified period, the Chamber may make the appointment sua sponte.

4When any of the appointed or designated petitioners has lost her or his capacity to represent due to death or for any other reason, the remaining appointed or designated petitioners may conduct acts of litigation on behalf of all the petitioners. When there exists no other appointed or designated petitioner, the provisions of the preceding Paragraph shall apply mutatis mutandis.

5After appointed or designated petitioners are in place in a petition pending before the Constitutional Court, the rest of the petitioners shall be withdrawn from the proceeding.

1(Advocates)

2Parties may appoint attorneys as their advocates. For oral argument sessions, the parties must appoint attorneys as their advocates except in cases where

3(1) the parties, their representatives, or their statutory agents have the qualifications of judges, attorneys, or advocates as provided for by Paragraph 3, Subparagraph 1;

4(2) the respondents are those referred to in Article 6, Paragraph 2; or

5(3) the impeached has appointed defense counsels.

6Each party shall appoint not more than three advocates.

7A person who is not an attorney may act as an advocate if she or he holds one of the positions below:

8(1) professor, associate professor or assistant professor of law; or

9(2) the legal officer of a party which is a legal person under public law, an authority, or an unincorporated association under public law.

1(Grounds for Disqualification Sua Sponte)

2A Justice must recuse herself or himself sua sponte from the conduct of the proceedings, where

3(1) she or he, her or his spouse, former spouse, or fiance is a party to the case;

4(2) she or he is or was a party's statutory agent, representative; she or he is the head or a member of the party's household, or the party's relative within the third degree of consanguinity or within the second degree of affinity;

5(3) she or he has previously given evidence or acted as an expert witness in the case;

6(4) she or he has previously taken part in the making of the relevant court decision or arbitration award that underlies the case;

7(5) she or he has previously taken part in the petition stage of the case in her or his official capacity of the time;

8(6) she or he has previously served as the advocate or the defense counsel in the case; or

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1(Grounds for Disqualification by Motion)

2A party may file a motion to disqualify a Justice with the Constitutional Court, where

3(1) the relevant Justice fails to recuse herself or himself sua sponte when any of the conditions set out in the preceding Article is satisfied; or

4(2) there are reasonable grounds for believing that the relevant Justice may otherwise perform her or his duties with bias.

5After a party has made a motion or statement in respect of the case, she or he may not request the relevant Justice to be disqualified under Subparagraph 2 of the preceding Paragraph except where the ground for disqualification does not arise or become known to her or him until after such a motion or statement has been made.

6The motion under Paragraph 1 must set out the reasons in writing.

7The challenged Justice may not take part in the Constitutional Court's ruling on the motion to request her or his disqualification.

1(Disqualification by Consent)

2In circumstances other than those set out in the preceding two Articles, a Justice may recuse herself or himself by the consent of a majority of all the other Justices.

1(The Total Number of the Justices in the Case of Disqualification)

2A Justice who is disqualified in accordance with this Act will not count towards the total number of the incumbent Justices.

1(Disqualification of Clerks and Interpreters)

2The provisions governing the disqualification of Justices shall apply mutatis mutandis to clerks and interpreters.

1(Contents of Pleadings)

2Except otherwise provided in this Act, every pleading filed by a party shall include the particulars below:

3(1) the name, the identification document number, and the domicile or the residence of the filing party; in the case that the filing party is a legal person, the name and the address of its office or place of business; in the case that the filing party is an authority or an unincorporated association, its name and location;

4(2) the name and the domicile or the residence of the statutory agent, the representative or the administrator, where applicable, and their relationship with the filing party who is a legal person, an authority, or an unincorporated association;

5(3) the name, the occupation, and the domicile or the residence of the advocate or the defense counsel, where applicable;

6(4) claims;

7(5) statements of fact and law;

8(6) evidence necessary to prove the fact or to make a substantial preliminary showing;

1(Filing and Screening of Petition Briefs)

2The petition brief must be filed with the Constitutional Court in writing and include the particulars as required by this Act together with relevant evidence and supporting documents.

3Where any of the circumstances below arises, the Chamber may dismiss the petition under the preceding Paragraph by a unanimous order, provided that when the pleading's defect is corrigible, the presiding Justice of the relevant Chamber shall require the petitioner to rectify it within a specified period of time:

4(1) the petitioner lacks the capacity to be a party;

5(2) the petitioner is not legally represented by her or his statutory agent, representative, or administrator to conduct acts of litigation;

6(3) the petition is lodged by an advocate who lacks the authority;

7(4) the petition is lodged after the expiry of procedural time limits;

8(5) the petition is lodged for matters that are explicitly excluded from petition or re-petition by this Act;

1(Travel Time)

2If a party resides outside the location of the Constitutional Court, her or his travel time will not count towards the calculation of procedural time limits unless her or his advocate resides in the location of the Constitutional Court and is able to conduct required acts of litigation within the relevant procedural time limits.

3The Judicial Yuan shall make rules governing the calculation of travel time under the preceding Paragraph.

1(Reply Briefs)

2Except in the case of dismissing a petition by an order, the Constitutional Court shall serve the petition brief on the respondent and may require her or him to submit a reply brief within a specified period of time.

1(Publication of Petition Briefs and Reply Briefs)

2After the Constitutional Court finds a petition admissible, the petition brief and the reply brief shall be published on the Constitutional Court's website.

3The petition brief and the reply brief containing matters that should be kept confidential may be published after required redaction.

4The Judicial Yuan shall make the rules governing the methods of publication of the petition brief and the reply brief and the matters that shall be kept confidential.

1(Summons of Parties, Interested Persons, and Experts)

2As is required by the case, the Constitutional Court may, on its own motion or the party's motion, summon the parties and the interested persons to appear in court to give their opinions. The Court may also solicit expert opinion or information on relevant issues from appointed experts, scholars, authorities or associations.

3The Constitutional Court shall serve the persons referred to in the preceding Paragraph with the summons and the notice of designation.

4The persons or associations other than the parties and interested persons who are solicited to submit expert opinion or information under Paragraph 1 shall reveal the information below:

5(1) whether they have collaborated with the parties, interested persons, or their agents on the preparation or submission of the solicited expert opinion or information;

6(2) whether they have received remuneration or other forms of financial assistance from the parties, interested persons, or their agents in the preparation or submission of the solicited expert opinion and information; if so, the value or amounts thereof received; and

7(3) the personal details of those who have offered them remuneration or other forms of financial support and the value or amounts thereof received.

1(Amici Curiae)

2Any person, authority, or association, other than the parties, who considers herself or himself having an interest in a case pending before the Constitutional Court, may make a motion to the Court, subject to its permission by an order, for the submission of expert opinion or information to be considered within the period of time prescribed by the Constitutional Court.

3The motion under the preceding Paragraph must set out the interests concerned in writing.

4Paragraph 3 of the preceding Article shall apply mutatis mutandis when a third-party person or association submit expert opinion or information as permitted by a court order.

5A third-party person, authority, or association who is permitted by a court order to submit expert opinion or information must appoint an agent. The provisions of Article 8 shall govern the qualifications and number of such agents.

6As is required by the case to summon those permitted third-party persons, authorities, or associations to appear in court, the Constitutional Court shall serve them with the summons.

7In the case that the expert opinion or information submitted by the person, authority or association under in Paragraph 1 is cited by a party, it shall be regarded as the citing party's own statement.

1(Time and Conditions for Petition Withdrawal)

2A petitioner may, prior to the announcement or publication of the decision, withdraw the petition in whole or in part; provided that such a withdrawal is subject to the permission of the Constitutional Court where the petition concerns principles of constitutional significance.

3If the oral argument session has been held in a case where a respondent exists, the withdrawal referred in the preceding Paragraph requires the consent of the respondent.

4The withdrawal of a petition must be made in writing. Notwithstanding, it may be made orally at the oral argument session and recorded in the transcript.

5In the case that the withdrawal is made orally in accordance with the preceding Paragraph, the transcript shall be served on the respondent if she or he fails to appear at the oral argument session.

6The respondent is deemed to have agreed to the withdrawal if she or he does not enter a demurrer within ten days, from the date of the oral argument session where the respondent appeared but failed to express their agreement or disagreement, or, from the date of the service of the transcripts where the respondent fails to appear at the oral argument session, or, from the date of the withdrawal pleadings where the withdrawal is made in writing.

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1(Fees)

2Proceedings before the Constitutional Court are free of charge.

1(Access to the Court Documents)

2Parties, advocates, and defense counsels may apply for reading, transcribing, photocopying, or photographing the documents included in the dossier, or request a duplicate copy thereof with fees paid in advance.

3A third party may lodge the application referred to in the preceding Paragraph either with the parties' consent, or by a substantial preliminary showing of her or him being an legal interested person.

4The applications set out in the preceding two Paragraphs shall be approved by an order of the respective Chamber.

5The Judicial Yuan shall make the rules governing the access to the Court documents and its fee schedule.

1(Consolidation and Division of Proceedings)

2The Constitutional Court may consolidate multiple petitions into a joint case and render a single decision for all the consolidated petitions. Notwithstanding, the Constitutional Court must consolidate all the cases having been ruled as admissible into a joint case if the underlying petitions concern the same impugned laws or disputes.

3The Constitutional Court may divide multiple claims brought forward in a petition and hear or decide each claim separately.

1(Types of Cases Requiring Oral Argument)

2The cases referred to in Chapters 5 and 6 shall be decided after oral argument.

3Judgments may be rendered without oral argument in cases other than those referred to in the preceding Paragraph.

1(Principle of Immediacy)

2In an oral argument session there must be at least two-thirds of the total number of the incumbent Justices present. Justices not present in the oral argument session may not participate in the deliberation on and the making of a decision.

3The Constitutional Court must pronounce its decision within three months after the closing of oral argument. The time limit for pronouncement may be extended by two months when necessary.

1(Open Court)

2Oral arguments shall be held in open court sessions and be broadcast by appropriate methods. In cases where an oral argument in open court may have negative effect on national security, public order or good morals, or may cause serious damage to an individual's life, body, privacy or trade secret, it may be held in private and the requirement for broadcasting may be waived.

3The Judicial Yuan shall make the rules governing public attendance in oral argument sessions of the Constitutional Court, the audio and video recordings of oral arguments, and their use and storage.

1(Oral Argument Summons and the Result of Failure to Appear in Court)

2The Constitutional Court shall summon the parties, their advocates and interested persons, where applicable, to appear in oral argument sessions.

3Except otherwise provided in this Act, the Constitutional Court may render a judgment, regardless, if the advocate or the unrepresented party as permitted by Article 8 fails to appear in court without a good reason.

1(Transcripts of Oral Arguments)

2The Constitutional Court shall produce oral argument transcripts.

1Except otherwise provided in this Act, a judgment 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.

2The number of Justices taking part in the proceedings under the preceding paragraph shall not be fewer than ten. Where a declaration of unconstitutionality is rendered, the number of Justices in the majority shall not be fewer than nine.

3Where the proceedings cannot be commenced due to a lack of quorum as prescribed in the preceding paragraph, the Constitutional Court may issue an order dismissing the petition by a majority of the total number of the incumbent Justices.

4Where the Constitutional Court renders a preliminary injunction order pursuant to Article 43, a judgment upholding the impeachment pursuant to Article 75, or a judgment dissolving an unconstitutional political party pursuant to Article 80, the quorum and the decision threshold as prescribed in the preceding two paragraphs shall apply.

5Where the number of Justices recused pursuant to Article 12 of this Act exceeds seven, all of the Justices who are not recused shall participate in the proceedings, and a judgment or an order shall be rendered only by three-quarters of the non-recused Justices; the requirements set forth in Paragraph 2 shall not apply.

6Where the number of the non-recused Justices referred to in the preceding paragraph falls short of seven, no case shall be adjudicated.

1(General Rules on Vote Threshold for Orders)

2Except otherwise provided in this Act, an order shall be rendered by a majority of the Justices who have taken part in the proceedings with a quorum of a majority of the total number of the incumbent Justices of the Constitutional Court taking part in the proceedings.

3Except otherwise provided in this Act, an order rendered by a Chamber requires the consent of a majority of the members thereof.

1(General Rules on Vote Threshold for Admissibility)

2Any inadmissible or manifestly unfounded petition shall be dismissed by an order of the Constitutional Court.

3Except otherwise provided in this Act, an order that grants admission to a petition requires the consent of a majority of the Justices who have taken part in the proceedings with a quorum of two-thirds of the total number of the incumbent Justices of the Constitutional Court taking part in the proceedings. Failing the required majority, the petition shall be dismissed by an order.

4A dismissal order must give reasons and indicate the names of Justices taking part in the rendering of the order and their concurring or dissenting opinions where applicable.

1(Contents of Judgments)

2A judgment shall be in writing and include the particulars below:

3(1) the names and the domiciles or the residences of all the parties; in the case that the parties include a legal person, the name and the address of its office or place of business; in the case that the parties include an authority or an unincorporated association, its name and location;

4(2) the name and the domicile or the residence of the statutory agent, the representative and the administrator, where applicable, and the their relationship with a legal person, an authority, or an unincorporated association;

5(3) the name and the domicile or the residence of the advocate or the defense counsel, where applicable;

6(4) the subject matter;

7(5) the holding;

8(6) the reasoning;

9(7) the date of the judgment being rendered; and

1(Application Mutatis Mutandis of Judgments to Orders)

2Paragraphs 1 and 3 of the preceding Article shall apply mutatis mutandis to an order.

3Except otherwise provided in this Act, an order may be rendered without giving reasons.

1(Types of Opinions)

2A Justice who agrees with the holding of a decision but is not fully satisfied with its reasoning may issue a concurring opinion.

3A Justice who, in deliberations on the case, has expressed disagreement with the holding of a decision in part or in whole, may issue an opinion dissenting in part or in whole.

1(Pronouncement, Publication, and Service of Decisions)

2A judgment rendered with oral argument must be pronounced in public. A judgment rendered without oral argument must be published.

3An order rendered with oral argument shall be pronounced in public. An order which concludes the proceedings shall be published.

4Original copies of a decision shall be served on the parties and the designated implementation authority; provided that a dismissal order shall be served on the petitioner only.

5The Constitutional Court shall publish and serve the concurring and dissenting opinions together with the decision.

1(Effective Date of Decisions)

2A decision shall take effect on the date of pronouncement or publication.

3An order which is not pronounced or published shall take effect on the date of service.

1(Erga Omnes Effect of Decisions)

2A judgment shall be binding on all the authorities and the people. Every authority has an obligation to implement the judgment.

3The preceding Paragraph shall apply mutatis mutandis to an order on the merits by the Constitutional Court.

1(Finality of Decisions)

2Decisions of the Constitutional Court and the Chambers thereof are non-appealable.

1(Res Judicata)

2A party shall not re-petition the same case in respect of which the Constitutional Court has rendered a judgment or an order on the merits.

1(Binding Effect of Judgments on Unconsolidated Relevant Cases)

2The Constitutional Court shall declare by an order that the judgments of the cases under Chapters 3, 4, 7 and 8 shall have effect in respect of other petitions challenging the same impugned laws or arising from the same disputes but not being heard together in a joint oral argument session, provided that those other petitions have been lodged with the Constitutional Court prior to the pronouncement or publication of the judgments and satisfied the admissibility requirements.

3The procedural provisions governing constitutional interpretation and those governing uniform interpretation of statutes and regulations specified in Articles 32 and 87, respectively, shall apply mutatis mutandis to the rendering of the order referred to in the preceding Paragraph; such an order must be given reasons.

4The provisions of the preceding two Paragraphs do not apply to the cases governed by Articles 59 and 83.

1(Petition for Rehearing)

2For cases concerning constitutionality of laws or disputes between constitutional organs, except as provided in Paragraphs 2 or 3 of this Article, no one shall lodge a petition in respect of the same impugned laws or disputes that have been previously declared short of unconstitutionality or otherwise decided pursuant to the Constitution in a Judicial Yuan Interpretation or a judgment of the Constitutional Court.

3All courts, persons, or the legislative or executive authorities of the local self-government bodies may, in accordance with the procedural provisions of Chapters 3 or 7, lodge a petition to request the Constitutional Court to alter a Judicial Yuan Interpretation or a judgment of the Constitutional Court by which a legal provision has been previously declared not unconstitutional, if they consider that the amendment of the Constitution or relevant laws or material changes in social circumstances necessitates the reconsideration of such interpretations or judgments.

4Under the conditions specified in the preceding Paragraph, the highest organs of the state may lodge a petition to request the Constitutional Court to alter such Judicial Yuan Interpretations or judgments of the Constitutional Court concerning disputes between constitutional organs in accordance with the procedural provisions of Chapter 4.

1(Preliminary Injunction)

2As is required to prevent the basic rights protected under the Constitution and public interest from being irreparably and materially impaired, a preliminary injunction order, 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 court decision that underlies the petition, inter alia, while the petition is pending before the Constitutional Court.

3Prior to rendering the order 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.

4A preliminary injunction order 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.

5A preliminary injunction will cease to have effect, where

6(1) the final decision of the case has been rendered;

7(2) over six months have elapsed since its issue; or

1(Confidentiality)

2The deliberation of the Constitutional Court must remain confidential.

1(Application mutatis mutandis of the Code of Criminal Procedure and the Statute for Directing the Judicial Police)

2In respect of the cases under Chapters 5 and 6, the Constitutional Court may issue orders of search or seizure when necessary, and may request the relevant district court or direct the judicial police to enforce such orders.

3The relevant provisions of the Code of Criminal Procedure and the Statute for Directing the Judicial Police shall apply mutatis mutandis to the procedures set out in the preceding Paragraph.

1(Application mutatis mutandis of the Administrative Litigation Act)

2Except otherwise provided in this Act or the Rules of the Constitutional Court, the provisions of the Administrative Litigation Act, to the extent that they are not incompatible with this Act, shall apply mutatis mutandis.

1(Requirements for Petitions Lodged by Highest State Organs)

2A 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.

3A 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 referred to in the preceding Paragraph.

4Paragraph 1 applies mutatis mutandis to the independent agencies which are equivalent to second-level agencies as provided for by the Basic Code Governing the Central Administrative Agencies Organizations to the extent that they independently exercise powers within their competences.

1(Principle of Constitutional Petition as the Last Resort)

2No petitions under the preceding Article are permissible if the relevant highest state organ can resolve the applicable law's suspected contravention of the Constitution within its competence.

1(Petitions Lodged by Legislators)

2A 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.

1(Contents of Pleadings Submitted by State Organs and Legislators)

2Petitions under this Section shall be submitted in writing and include particulars below:

3(1) in cases where the filing party is a highest state organ, the name of the petitioning organ, its representative and location; in cases where the filing parties are Legislators, the names and the domiciles or the residences thereof, and the correspondent address to which service shall be made;

4(2) the name, the occupation, and the domicile or the residence of the advocate, where applicable;

5(3) claims;

6(4) the extent to which the impugned law contravenes the Constitution and the relevant constitutional provisions or basic rights protected under the Constitution;

7(5) the grounds for the petition and the petitioner's submission; and

8(6) the titles of the annexes and the number thereof.

1(Declaring a Law Unconstitutional in the Holding of a Judgment)

2If the Constitutional Court holds that the impugned law contravenes the Constitution, it shall declare the impugned law unconstitutional in the holding of the judgment.

1(Time Limits for Voidance of Unconstitutional Laws)

2The impugned law which is declared unconstitutional and is voided in a judgment shall cease to have effect from the date the judgment coming into force, unless the Constitutional Court, in the holding, declares that the impugned law is void retroactively or after a certain period of time.

3In a judgment which sets a time period for the laws to lapse, the time period set for statutory laws may not exceed two years; the time period set for secondary laws may not exceed one year.

1(Effect of Voidance on Pending Cases before Other Courts)

2Where the applicable laws are declared void immediately or retroactively, all the cases pending in any court are to be adjudicated in accordance with the ratio decidendi of the judgment of the Constitutional Court.

3The legal effect of final court decisions, except otherwise statutorily provided, will not be affected by the judgment of the Constitutional Court that declared the applicable law void immediately.

4The final court decisions where the applicable laws are thereby voided retroactively may be redressed pursuant to legal procedures or the ratio decidendi of the judgment of the Constitutional Court. Where such final court decisions are criminal, the Attorney General shall file an extraordinary appeal.

1(Effect of Voidance with Time Limits on Pending Cases before Other Courts)

2In a judgment where a time period is set for the impugned statutory law to lapse, all courts shall, before the set time period expires, continue to apply the impugned statutory law to adjudicate cases, except otherwise declared in the holding of the said judgment. Notwithstanding, after balancing the protection of human rights and public interest, and out of necessity, the court may, on its own motion or the party's, suspend the proceedings by an order, and, upon the amendment of the impugned statutory law, resume the proceedings and adjudicate such cases in accordance with the amended law.

3An order denying the motion under the preceding Paragraph is subject to interlocutory appeals.

1(Petitions Lodged by Courts)

2A 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.

1(Contents of Pleadings Submitted by Courts)

2Petitions under this Section shall be submitted in writing and include the particulars below:

3(1) the petitioning court and the name of the petitioning judge thereof;

4(2) claims;

5(3) the extent to which the impugned statutory law contravenes the Constitution and the relevant constitutional provisions or basic rights protected under the Constitution;

6(4) the grounds for the petition, the showing that the impugned statutory law is necessary for the decision on the pending case, and the petitioning court's submission indicating its strong belief that the impugned statutory law is unconstitutional on the basis of objective reasons; and

7(5) the titles of the annexes and the number thereof.

1(Suspension of Proceedings of Underlying Cases)

2When the petitioning court suspends the proceedings of the underlying case by an order on the grounds that it lodges a petition with the Constitutional Court under this Section, it shall include its pleading submitted in accordance with the preceding Article in the suspension order. In case of emergency, the petitioning court may take necessary measures.

1(Application mutatis mutandis of Articles 51 to 54)

2Articles 51 to 54 shall apply mutatis mutandis to the cases under this Section.

1(Petitions for Constitutional Complaints)

2After exhaustion of all ordinary judicial remedies, any person who believes that a final court decision that ruled against her or him, or the applicable law therein, unlawfully infringes upon her or his constitutional rights and contravenes the Constitution, may lodge a petition with the Constitutional Court for a judgment declaring either the said decision, or both the said decision and the applicable law therein unconstitutional.

3Petitions under the preceding Paragraph must be lodged within the peremptory period of six months starting on the next day of the date when the final court decisions were served.

1(Contents of Pleadings of Constitutional Complaints)

2Petitions under this Section shall be submitted in writing and include particulars below:

3(1) the name, the identification document number, and the domicile or the residence of the petitioner, and the correspondent address to which service shall be made; in the case that the petitioner is a legal person or an unincorporated association, its name and location;

4(2) the name, the identification document number, and the domicile or the residence of the statutory agent, the representative or the administrator, where applicable;

5(3) the name, the occupation, and the domicile or the residence of the advocate, where applicable;

6(4) claims;

7(5) the extent to which the legal provision applied in a final court decision or the decision itself contravenes the Constitution and the relevant constitutional provisions or basic rights protected under the Constitution;

8(6) the grounds for the petition and the petitioner's submission; and

1(Admissibility of Constitutional Complaints)

2Petitions under this Section are admissible insofar as they concern principles of constitutional significance or it is necessary to satisfy the petitioners' basic rights protected under the Constitution.

3The Chamber may dismiss a petition by a unanimous order for which reasons must be given; otherwise, the admissibility of the petition shall be decided by the Constitutional Court.

4If three or more Justices, within 15 days after the preceding unanimous dismissal order has been made, consider that the petition is admissible, the Constitutional Court shall decide on its admissibility. The dismissal order shall otherwise be published and served on the petitioner promptly.

1(Declaring a Final Court Decision or a Law Unconstitutional in the Holding of a Judgment)

2If the Constitutional Court finds that the petition is well grounded, it shall declare in the holding of the judgment that the impugned final court decision is unconstitutional and thus vacated, and the matter is remanded to the competent court. If the Constitutional Court finds that the legal provision applied in such a final court decision contravenes the Constitution, it shall further declare the impugned legal provision unconstitutional.

3Articles 51 and 52 shall apply mutatis mutandis to the judgments under the preceding Paragraph.

1(Application mutatis mutandis of Voidance Provision)

2Except otherwise provided in this Act, Articles 53 shall apply mutatis mutandis to cases where laws are voided immediately or retroactively by the Constitutional Court in the judgments under this Section.

1(Application mutatis mutandis of Voidance with Time Limits Provision)

2In a judgment where a time period is set for the impugned legal provision to lapse, the competent court to which the underlying case of the relevant final court decision is remanded shall decide in accordance with the ratio decidendi of the judgment of the Constitutional Court by which the impugned legal provision is declared unconstitutional, notwithstanding the time period set for the lapse of the legal provision declared unconstitutional, unless the holding of the judgment otherwise decides.

3Where a legal provision is set to lapse within a time period under the preceding Paragraph, Article 54 shall apply mutatis mutandis to cases other than the relevant underlying case that are pending before each court.

1(Petitions Concerning Disputes between Constitutional Organs)

2When a highest state organ, in the exercise of its powers, has a dispute with other highest state organs in respect of their respective constitutional competences, it may lodge a petition with the Constitutional Court to settle such a dispute after the organs concerned fail to resolve through negotiations.

3Petitions under the preceding Paragraph must be lodged within the six-month peremptory period starting from the date of the disputing organs having failed to resolve the dispute through negotiations.

4The petitioning organ shall make a preliminary showing of the facts concerning the failure to resolve the dispute through negotiations.

1(Contents of Pleadings Concerning Disputes between Constitutional Organs)

2Petitions under this Section shall be submitted in writing and include the particulars below:

3(1) the name of the petitioning organ, the location thereof and its representative;

4(2) the name of the respondent organ, the location thereof and its representative;

5(3) the name, the occupation, and the domicile or the residence of the advocate, where applicable;

6(4) claims;

7(5) the nature of the dispute, the negotiations between the disputing organs, and the relevant constitutional provisions or the competence vested in the petitioning organ by the Constitution;

8(6) the grounds for the petition and the petitioning organ's submission;

9(7) the evidence which proves the observance of the peremptory period; and

1(Contents of the Holding of a Judgment Concerning Disputes between Constitutional Organs)

2For cases arising under this Chapter, the Constitutional Court shall delineate the competences between the disputing organs in the holding of the judgment. Considering the circumstances of the case, the Constitutional Court may make further pronouncements as appropriate in the holding of the judgment.

1(Contents of Pleadings Concerning Impeachment)

2The Legislative Yuan may lodge a petition with the Constitutional Court for a judgment upholding the impeachment against the President or the Vice President pursuant to Article 4, Paragraph 7 of the Additional Articles of the Constitution.

3Petitions under the preceding paragraph shall be submitted in writing and include the particulars below:

4(1) the name of the petitioning authority, the location thereof and its representative;

5(2) the name, the occupation, and the domicile or the residence of the advocate, where applicable;

6(3) the name, and the domicile or the residence of the impeached;

7(4) the proceedings leading to the adoption of the impeachment resolution;

8(5) the underlying facts and evidence supporting the impeachment and the reasons to remove the impeached from office; and

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1(Dismissing a Petition for Impeachment)

2The proceedings of the cases under this Chapter shall not be affected by the expiration of the term of office of the impeached, by the dissolution of the Legislative Yuan, or by the ending of the term of the Legislative Yuan. Notwithstanding, if the impeached resigns from office, no longer holds the post, or dies prior to the pronouncement of the judgment, the Constitutional Court shall dismiss the petition by an order.

1(Conditions for Impeachment Withdrawal)

2Until the pronouncement of the judgment, the petition may be withdrawn on the basis of a resolution adopted by at least a two-thirds majority of the total number of members of the Legislative Yuan.

3The withdrawal of the petition must be made in writing and include the official copy of the resolution as provided for by the preceding Paragraph.

4The petitioning authority may not re-petition the case that has been withdrawn based on the same underlying facts.

1(Oral Argument Date Designation and Preparation Period)

2The presiding Justice of the Constitutional Court shall promptly set a date for oral argument when she or he considers that oral argument is ripe to be held.

3There shall be a preparation period of at least twenty days between the date of service and the date scheduled for oral argument.

1(Defense Counsel)

2The impeached may appoint defense counsels.

3Defense counsels shall be attorneys. Notwithstanding, a person who is not an attorney may be appointed with the presiding Justice's permission.

4Where there are multiple defense counsels, the service of documents shall be made to each counsel.

5The provisions of this Act concerning advocates shall apply mutatis mutandis to defense counsels.

1(Non-Attendance of Party)

2If either party fails to appear in court on the date for oral argument, a new date shall be scheduled.

3The Constitutional Court may render a judgment, regardless, if the petitioning authority or the impeached fails to appear in court on the rescheduled date.

1(Impeachment Proceedings at Oral Argument Sessions)

2At oral argument, the petitioning authority shall state the facts of and the reasons for the impeachment, followed by the reply of the impeached.

3Following the reply of the impeached, the presiding Justice shall examine evidence and hear oral arguments on points of fact and law from the listed below in order:

4(1) the petitioning authority;

5(2) the impeached; and

6(3) the defense counsel.

7Points of fact and law having been debated may be subject to further debate; the presiding Justice may also require points of fact and law having been debated to be further debated.

8Before the conclusion of the argument, the presiding Justice shall provide the impeached with an opportunity to state opinions.

1(Vote Threshold for Impeachment and the Holding of a Judgment)

2The judgment upholding the impeachment shall be rendered by a two-thirds majority of the total number of the incumbent Justices of the Constitutional Court. The holding shall also declare the impeached to be removed from office.

3Failing the required majority as provided for by the preceding Paragraph, the Constitutional Court shall render a judgment declaring the impeachment unsustained.

1(Time Limit for Impeachment Adjudication)

2The Constitutional Court shall pronounce the decision within six months after it receives the petition for impeachment.

1(Petitions for Dissolution of Unconstitutional Political Parties)

2When any objective or activity of a political party endangers the existence of the Republic of China or the free democratic constitutional order, the competent authority may lodge a petition with the Constitutional Court for a judgment dissolving the political party.

1(Contents of Pleadings Concerning Dissolution of Unconstitutional Political Parties)

2Petitions under the preceding Article shall be submitted in writing and include the particulars below:

3(1) the name of the petitioning authority, the location thereof and its representative;

4(2) the name and address of the political party to be dissolved and the name and the domicile or the residence of its representative;

5(3) the grounds for the dissolution of the political party;

6(4) the underlying facts and the evidence supporting the dissolution of the political party; and

7(5) the titles of the annexes and the number thereof.

1(Petitioning Authority's Burden of Proof)

2The petitioning authority shall provide evidence to prove the underlying facts supporting the dissolution of the political party.

3Prior to the oral argument sessions, the Constitutional Court shall direct the petitioning authority to provide additional pieces of evidence within a specified period of time when it finds the submitted evidence apparently insufficient; if the petitioning authority fails to do so, the Constitutional Court may dismiss the petition by an order.

4The petitioning authority may not re-petition the case that has been dismissed in accordance with the preceding Paragraph based on the same underlying facts.

1(Vote Threshold for Dissolution of Unconstitutional Political Parties and the Holding of a Judgment)

2The judgment on the dissolution of an unconstitutional political party shall be rendered by a two-thirds majority of the total number of the incumbent Justices of the Constitutional Court.

3Failing the required majority as provided for by the preceding Paragraph, the Constitutional Court shall rule against dissolution in a judgment.

1(Application Mutatis Mutandis of Oral Argument Procedures)

2Articles 71 and 74 shall apply mutatis mutandis to cases arising under this Section.

1(Petitions Concerning Constitutionality of Central Government Laws)

2In 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.

3Articles 50 to 54 shall apply mutatis mutandis to petitions under the preceding Paragraph.

1(Constitutional Complaints Lodged by Local Self-Government Bodies)

2After 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:

3(1) the self-government ordinances and regulations are nullified or not approved by the central supervisory authority as is notified in writing;

4(2) the self-government matters decided by the local legislative authorities are nullified by the central supervisory authority as is notified in writing; or

5(3) the self-government matters administered by the local executive authorities are rescinded, amended, revoked, or discontinued by the central supervisory authority.

6Petitions under the preceding Paragraph must be lodged within the peremptory period of six months after the service of the relevant final decision.

7The provisions of Articles 60, 61 and Article 62, Paragraph 1, First Sentence shall apply mutatis mutandis to petitions under Paragraph 1.

1(Petitions Concerning Uniform Interpretation)

2After exhaustion of all ordinary judicial remedies, any person who believes that, in respect of the same legal provision in a statute or a regulation, a conflict exists between the interpretation rendered by a final court decision that finds against her or him and a prior one rendered by another court of last resort in a different adjudication system may lodge a petition with the Constitutional Court for a judgment of uniform interpretation on the relevant legal provision.

3The person may not lodge a petition under the preceding Paragraph if the final court decision that renders the conflicting interpretation in finding against him is still subject to challenge through proceedings as provided for by the law or the relevant prior court decision has been overturned.

4Petitions under the First Paragraph must be lodged within the peremptory period of three months after the service of the relevant final decision.

1(Contents of Pleadings Concerning Uniform Interpretation)

2Petitions under the preceding Paragraph shall be submitted in writing and include the particulars below:

3(1) the name, the identification document number, and the domicile or the residence of the petitioner, and the correspondent address to which service shall be made; in the case that the petitioner is a legal person or an unincorporated association, its name and location;

4(2) the name, the identification document number, and the domicile or the residence of the statutory agent, the representative or the administrator, where applicable;

5(3) the name, the occupation, and the domicile or the residence of the advocate, where applicable;

6(4) claims;

7(5) interpretations in conflict and the relevant legal provision;

8(6) the grounds for the petition and the petitioner's submission;

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1(Explanatory Notes from Relevant Courts of Last Resort)

2When deciding cases arising under this Section, the Constitutional Court may request the relevant courts of last resort in different adjudication systems to submit explanatory notes as to their conflicting interpretations concerned.

1(Vote Threshold for Admissibility in Uniform Interpretation)

2The admissibility of petitions under this Section shall be decided by a majority of the Justices who have taken part in the proceedings with a quorum of a majority of the total number of the incumbent Justices of the Constitutional Court taking part in the proceedings. Failing the required majority, the petition shall be dismissed by an order.

1(Remedies)

2If the Constitutional Court renders a judgment that differs from the underlying final court decision in the interpretation of the relevant legal provision, the petitioner may seek judicial remedies through proceedings as provided for by the law or in accordance with the ratio decidendi of the judgment of the Constitutional Court. Where the underlying final court decision is on a criminal case, the Attorney General shall, on her or his own motion, file an extraordinary appeal in respect of such decisions.

1(Effect of Uniform Interpretation Judgments)

2The ratio decidendi of a judgment of the Constitutional Court on the uniform interpretation of statutes and regulations has res judicata effect on all courts which apply the same statutes and regulations.

3The judgment as provided for by the preceding Paragraph shall not affect the legal effect of court decisions that have become final.

1(Transitional Rules on Proceedings of Pre-Commencement Pending Cases)

2Except otherwise provided in this Act, this Act applies to all the pending petitions before the Constitutional Court lodged before the coming into force of this Act. Notwithstanding, the admissibility of such petitions shall be decided in accordance with the Constitutional Interpretation Procedure Act, which this Act is to replace through wholesale revision.

3The provisions of Chapter 3, Section 1 and Chapter 8 shall apply mutatis mutandis to the petitions pending before the Constitutional Court under Article 5, Paragraph 1, Subparagraph 1, First Sentence and Subparagraph 3, First Sentence thereof, and Article 7, Paragraph 1, Subparagraph 1 of the Constitutional Interpretation Procedure Act filed before the coming into force of this Act.

1(Transitional Rules on Proceedings of Pre-Commencement Pending Constitutional Complaints)

2The provisions of the vacating of a final court decision being declared unconstitutional and its remand to a competent court under Article 62, Paragraph 1, First Sentence shall not apply to the pending petitions in respect of the constitutionality of laws which were lodged with the Constitutional Court prior to the coming into force of this Act.

3For a petition under the preceding Paragraph, where the legal provisions applied to the underlying final court decision are declared unconstitutional and voided by a judgment of the Constitutional Court, the petitioner may seek judicial remedies for the underlying case through proceedings as provided for by the law or in accordance with the ratio decidendi of the relevant judgment of the Constitutional Court. If the underlying final court decision is on a criminal case, the Attorney General shall, on her or his own motion, file an extraordinary appeal in respect of such decisions.

4For a petition under Paragraph 1, the period from the date on which it was lodged with the Constitutional Court to the date on which the judgment of the petition is served on the petitioner will not count towards the calculation of the peremptory period of time for the retrial proceedings.

1(Transitional Rules on the Peremptory Period of the Pre-Commencement Pending Cases)

2No petition concerning the constitutionality of final court decisions as provided for by Article 59, Paragraph 1 is permissible if the service of the relevant court decision is made prior to the coming into force of this Act. Notwithstanding, where the relevant final court decision adopts opinions of any Grand Chamber of the Supreme Court or the Supreme Administrative Court, a petition may be lodged within six months after the coming into force of this Act.

3For petitions under Article 59, Paragraph 1 concerning the constitutionality of laws and those under Article 83, Paragraph 1, the peremptory period of six months will run from the effective date of this Act if the service of the relevant final court decision is made prior to the coming into force of this Act. The proviso to Article 90, Paragraph 1 and Article 91 shall apply mutatis mutandis to the adjudication of such petitions.

4Except for final criminal decisions, no petition under the preceding Paragraph is permissible if five years or more have passed since the service of the final court decision.

5For petitions lodged in accordance with Article 65, Paragraph 1, the peremptory period of six months will run on the effective date of this Act if the dispute occurs prior to the coming into force of this Act.

1(Court Dress and Seating Arrangement)

2Justices, attorneys, and clerks shall wear gowns for all proceedings of the Constitutional Court.

3The court dress and the seating arrangement in the courtroom shall be decided by the Judicial Yuan.

1(Management, Archiving, and Storage of the Petition and Case Files)

2The Judicial Yuan shall make rules governing the management, archiving, and storage of the files of the Constitutional Court.

3In cases where such files are destroyed or lost, the Law Governing Destroyed or Lost Civil and Criminal Case Files shall apply mutatis mutandis.

The provisions amended by the Legislative Yuan on December 20, 2024 shall come into force on the date of promulgation.