The Judicial Influences and the Political Characteres of the Construtionist in the Republic of China－Illustrated With A Few Actual Cases of Constitution Interpretation by the Council of Grand Justices

• Main Authors: Kuei-Tao Hsu, 許桂陶
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2003
• Online Access: http://ndltd.ncl.edu.tw/handle/65088383221586268187

碩士 === 國立中山大學 === 政治學研究所 === 91 === Constitution is a contract between a state and its people. For a modern democratic state ruled by law, all limitations on exercise of a state''s right are stipulated in its written constitution in order to protect the people''s rights from being infringed. Besides, the value of constitution is established through the will and thoughts of the whole people to lead the way for a well-ordered constitutional government. Even though a state ruled by an unwritten constitution, there will be legal instruments, customary practices, judgements and theories to form a substantive standard with biding force. According the constitution of the Republic of China, Grand Justices of the Judicial Yuan are the supreme and sole constructionist. They are vested with the authority to shoulders the heavy responsibilities of safeguard and support of the constitutional system. For this reason, Grand Justices enjoy the good name of "guardian angel of constitution". The Grand Justices of course should construe laws and decrees in accordance with the regulations of the constitution, so as to exert their judicial influences on balance of power, protection of human right and solution of constitutional disputes. A constitution lays down nothing but the political life of a state. So, the Grand Justices should take the development, change and needs of politics, economics, society and culture into consideration based on laws before they make a proper judgement and decision. That is not only an inevitable fate of the Grand Justices to be "political", but also an essential political character of a constructionist. In the past over 5 decades, our constitution experienced an unusual period of legal system, transformation of regime, frequent modification of constitution, and even the rotation of political parties. In the face of such a great change in environment, tide and the times, it is inevitable for a constructionist to present a different style in its construction of the constitution.