Unconstitutional constitutional amendment in Taiwan: A retrospective analysis of judicial yuan interpretation No. 499 [2000]

Huang, David KC and Li, Nigel NT (2020) Unconstitutional constitutional amendment in Taiwan: A retrospective analysis of judicial yuan interpretation No. 499 [2000]. Asian Law Review, 15. pp. 421-461.

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Abstract

This article looks back at Judicial Yuan Interpretation No. 499 [2000] twenty years on. It examines the ways in which the legal arguments of unconstitutional constitutional amendment were constructed by the counsels of the appellants and how the Justices ruled accordingly. The main text of the Constitution said nothing about the exercise of constitutional amending power, meaning that it was being misused by the National Assembly posing a challenge to Taiwan 's political taboo on the extension of terms of office. The disputed constitutional amendments were therefore struck down by the Justices as the guardians of the constitution, thereby founding the principle of limited constitutional amending power in Taiwan

Item Type: Article
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 21 Apr 2022 03:08
Last Modified: 21 Apr 2022 03:08
Official URL: https://heinonline.org/HOL/LandingPage?handle=hein...
URI: https://pure.jgu.edu.in/id/eprint/2526

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