The Constitution

As introduced by the Yearbook of Republic of China:

The Constitution

The Republic of China, founded on the Three Principles of the People, shall be a democratic republic of the people, to be governed by the people, and for the people. (Article 1, Constitution of the Republic of China)

The ROC Constitution is based on the Principles of Nationalism, Democracy, and Social Well-being formulated by Dr. Sun Yat-sen, the Founding Father of the Republic of China. His political doctrine is known as the Three Principles of the People.

The Principle of Nationalism advocates not only equal treatment and sovereign status for the Republic of China in the interdependent commonwealth of nations but also equality for all ethnic groups within the nation. The Principle of Democracy assures each citizen the right to exercise the political and civil liberties due to him or her. The Principle of Democracy is the guiding doctrine behind the organization and structure of the ROC government. The Principle of Social Well-being states that the powers granted to the government must ultimately serve the welfare of the people by building a prosperous economy and a just society. The three principles have extensively shaped current policies and legislation in areas ranging from education to land reforms, from social welfare to relations with mainland China, and more recently, in increasingly extensive political and economic liberalization.

The Constitution spells out the rights, duties, and freedoms of the people, the overall direction for political, economic, and social policies, and the organization and structure of the government.

Constitutional Rights and Freedoms

The ROC Constitution guarantees various rights and freedoms to all citizens. Modeled after American constitutional concepts, the rights include equality, work, livelihood and property, as well as the four political powers of suffrage, recall, initiative, and referendum. In return, the people have the duty to pay taxes and perform military service as prescribed by law. Obtaining an education is considered both a right and a duty of the people.

The people are also endowed with the basic freedoms of speech, residence, travel, assembly, confidential communication, religion, and association. Personal freedom is also guaranteed. Rights and freedoms not specified in the Constitution are also protected if they do not violate social order and public interest.

The law may not restrict freedoms stipulated in the Constitution unless the freedoms are abused, the freedoms of others are infringed upon, or public order is threatened. Even in these situations, the Constitution permits restrictions on constitutional rights and freedoms only under certain circumstances. This is designed to prevent legislative bodies from making laws that overstep the limits set down in the Constitution. Restrictions on constitutional freedoms are valid only if contained in legislation necessary to prevent restrictions against the freedom of others, to respond to emergencies, to maintain social order, or to enhance social interest. In any case, arrest, trial, and punishment must be implemented in strict accordance with proper legal procedures. If human rights are violated by the government, the victims are entitled to compensation by the state.

Government, Economic, and Social Policies

The ROC Constitution contains directives for formulating legislation and procedures addressing important government, economic, and social issues. Chapter XIII of the Constitution, titled "Fundamental National Policies", contains articles on national defense, foreign policy, national economy, social security, education and culture, and frontier regions. The policies outline the government's responsibility to provide necessary support for the welfare and well-being of the people and also to foster an environment that will enable them to engage in various business and professional activities. Article 9 of the Additional Articles of the Constitution prescribes specific policy orientations on several modern issues including scientific development, industrial upgrading, environmental and ecological protection, national health insurance, and the elimination of sexual discrimination.

History of Constitutional Revisions in the Republic of China

The Constitution of the Republic of China 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. Taking effect from December 25, 1947, it comprises 175 articles in 14 chapters. (For the text of the ROC Constitution, click Here.)

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, the Temporary Provisions, which superseded the Constitution, were designed to enhance presidential power during the emergency period of the communist uprising. The ROC President could, therefore, take emergency measures to avert an imminent danger to the security of the nation or the people, establish an organ for making major policy decisions concerned with national mobilization and suppression of the communist rebellion, adjust the administrative and personnel organs of the central government, and initiate regulations governing the elections for additional seats in the parliamentary bodies. Furthermore, as stipulated in the Temporary Provisions, the President and the Vice President could be re-elected despite the two-term restriction prescribed in Article 47 of the Constitution.

Following changes in this situation and reduced tensions 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.

Since then, the Constitution has been amended six times.

First Amendment (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 passed ten additional articles of the Constitution. Key points of these additional articles include: (1) provision for regular elections for the Legislative Yuan and the National Assembly; (2) authorization for the President to issue emergency decrees to avert imminent danger to the security of the nation or of the people; and (3) stipulation that rights and obligations between people on the two sides of the Taiwan Strait may be regulated by law.

Second Amendment (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, eight amendments were adopted by the National Assembly on May 27, 1992, and promulgated by the President on May 28. The key points 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) fundamental national policies were expanded 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 Amendment (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, the second National Assembly adopted ten new amendments to replace the 18 amendments of the first and second Amendments. These ten articles stipulate, among other things, that: (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 Amendment (1997)

Adopted by the second session of the third National Assembly on July 18, 1997, and promulgated by the President on July 21, 1997.

The third National Assembly adopted 11 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 consultative 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-sized enterprises; and (10) the requirement of minimum funding for education, science, and culture shall be abolished.

Fifth Amendment (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 made 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 Amendment (2000)

Approved by the fifth session of the Third National Assembly on April 24, 2000, and promulgated by the President on April 25, 2000.

To meet the requisites of the nation prior to national unification, the following articles of the Republic of China Constitution are added or amended to the Republic of China Constitution. Articles 1 through 11 were adopted by the fifth session of the third National Assembly on April 24, 2000 in a Sixth Amendment of the Constitution, and promulgated by the President on 25 April 2000. These articles replaced the 11 additional articles adopted in the 1997 Fourth Amendment, which had remained in effect after the Council of Grand Justices declared the articles adopted by the Fifth Amendment of 1999 void.