Acts of Constitutional Court Simulation
Chapter 1: General Provisions
Section 1: Organization of the Constitutional Court
Article 1 (Purpose of Establishing the Constitutional Court)
For unconstitutional acts by state agencies under the Constitution, an application for review may be filed with this Court in accordance with this Act.
Article 2 (Composition of the Court)
The Court shall be composed of nine Justices, but the number of either gender shall not exceed two-thirds.
Article 3 (Selection of Justices of the Court)
The Justices of the Court shall be selected by the Justice Selection Committee from among professors of law at universities, other professional research institutions, lawyer groups, and other civic groups, with three persons selected from each.
Article 4 (Term of Office of Justices)
The Justices of the Court shall assume office from the date of appointment by the Justice Selection Committee and shall continue to perform their duties until the next terms of Justices are selected and assume office.
Section 2: Selection of Justices
Article 5 (Selection Committee)
The Court shall establish a Justice Selection Committee responsible for the selection and appointment of the next term of Justices.
The Justice Selection Committee shall complete the selection of the next term of Justices at least two months before the next oral hearing of the Court.
Article 6 (Composition of the Selection Committee)
The Justice Selection Committee shall be composed of the current Justices. If a current Justice cannot serve or a vacancy occurs, the previous term of Justice shall fill the vacancy in the original order.
The selection of the first Justices after the implementation of this Act shall be conducted by the Justices who participated in the oral hearing procedures of the first session of the Court before the implementation of this Act.
From the date of the formation of the Justice Selection Committee, current Justices shall suspend the performance of other duties except for the selection of the next term of Justices and related administrative matters.
Article 7 (Qualifications of Candidates)
The Justice Selection Committee shall select the next Justices from candidates with the following qualifications:
1. Teachers of law at domestic public or private universities with the rank of associate professor or above.
2. Lawyers recommended by domestic bar associations.
3. Nominees from other civic groups.
The Justice Selection Committee may invite qualified candidates to attend the committee to explain or provide written materials for the committee’s reference.
Article 8 (Meeting Procedures of the Selection Committee)
The Justice Selection Committee shall be chaired by the presiding Justice. If the presiding Justice cannot convene or attend the meeting, the chair shall be elected in accordance with the provisions of Article 14, Paragraph 2 of this Act.
The Justice Selection Committee shall select the next Justices within ten days of its formation.
The meeting procedures and decision-making process of the Justice Selection Committee shall be governed by the provisions of Article 22.
Article 9 (Appointment)
After the Justice Selection Committee decides on the candidates for the next term of Justices, it shall immediately notify the elected persons.
The elected persons shall become Justices of the Court from the date of notification.
Article 10 (Confidentiality Obligations)
Members of the Justice Selection Committee shall keep confidential the personal information of candidates and the discussions and voting content of the meetings obtained through participation in the Justice Selection Committee.
Article 11 (Selection of Successor Justices)
Before the term of office of the Justices of the Court expires, if three or more vacancies occur due to resignation or removal for incompetence by resolution of the Justices’ meeting, the current Justices shall form a Selection Committee to select successor Justices in accordance with Articles 5 to 10.
The term of office of the successor Justices selected in accordance with the preceding paragraph shall be until the expiration of the original term.
Article 12 (Ethical Standards for Justices)
Justices of the Court shall exercise their powers independently based on their professional knowledge and experience and shall not engage in conduct that violates the professional ethical standards of judges.
The professional ethical standards for Justices in the preceding paragraph, unless otherwise provided by this Act, shall be formulated by all Justices.
Section 3: Court Organization
Article 13 (Constitutional Court)
The Court shall be formed by the Justices from the date of their assumption of office and shall hear cases specified in Chapter 3.
Article 14 (Presiding Justice)
The presiding Justice of the Court shall be elected by all Justices; except for the presiding Justice, the order of the Justices shall be based on seniority, with those with longer professional experience taking precedence, and if the professional experience is the same, the older ones taking precedence.
If the presiding Justice cannot perform their duties for any reason, another Justice shall be elected by all Justices.
Article 15 (Review Panels)
The Court shall establish three review panels to hear cases, which shall be formed at the first Justices’ meeting after the Justices assume office.
Each review panel shall be composed of three Justices with different professional backgrounds, ranked by seniority.
The review panels shall decide whether to accept the cases they are assigned. If the members of the review panel have different opinions on whether to accept a case, they may attach dissenting opinions and submit them to the procedural panel for approval.
If a case is accepted, the review panel shall conduct the preparatory procedures and be responsible for the preparation of the oral hearing.
Article 16 (Procedural Panel)
Each review panel shall elect one Justice, including the presiding Justice, to form a cross-panel procedural panel. The members of the procedural panel shall rotate every two months.
The procedural panel is responsible for reviewing the acceptance of cases, coordinating the assignment of cases, the order and schedule of hearings, and other related matters.
The decision of the review panel not to accept a case shall be published in the name of the review panel after approval by the procedural panel. If the procedural panel agrees to accept the case, it shall schedule the review by the grand panel.
If the decision on whether to accept a case is not unanimously agreed upon by the procedural panel, the review panel may withdraw the decision for reconsideration or submit it to the grand panel for a vote.
The schedule of cases decided by the procedural panel shall be regularly published after approval by the presiding Justice.
Article 17 (Grand Panel)
The grand panel shall be composed of all Justices and shall hear cases accepted by the procedural panel and those decided to be accepted by the grand panel itself.
Cases decided to be accepted by the grand panel shall be subject to oral hearings.
If three Justices disagree with the acceptance by the procedural panel, and more than half of the Justices present at the grand panel agree, the grand panel shall designate one Justice to draft a decision not to accept the case.
Article 18 (Clerk’s Office)
The Court shall establish a Clerk’s Office, with one Chief Clerk and several clerks responsible for the management of case files, records, documents, general affairs, and information.
The operational rules of the Clerk’s Office shall be formulated by the Justices.
Section 4: Attorneys and Experts
Article 19 (Attorneys)
Applicants, respondents, and participants shall appoint attorneys. However, if the applicant or representative has the qualifications specified in Paragraphs 2 and 3, they are not subject to this limitation.
Attorneys in the preceding paragraph shall have the qualifications of a lawyer, professor, associate professor, or assistant professor of law.
Persons who do not have the qualifications in the preceding paragraph but have one of the following qualifications may also serve as attorneys:
1. For tax law cases, persons with the qualifications of a certified public accountant.
2. For patent cases, persons with the qualifications of a patent attorney or those who are legally qualified to act as patent agents.
The number of attorneys appointed for oral hearings shall not exceed three, and they shall submit a power of attorney and qualification documents, subject to the approval of the Constitutional Court.
If the power of attorney and qualification documents are not submitted, the court shall order them to be supplemented by the date of the oral hearing at the latest.
Article 20 (Appointment of Attorneys for Respondents)
If it is evident that the respondent cannot attend or appoint attorneys, the Court may appoint attorney(s) for the respondent based on recommendations from civic organizations or by consulting persons with the qualifications specified in Paragraphs 2 and 3 of the preceding article.
Article 21 (Appointment of Experts)
To clarify the issues in the case and promote professional opinions exchanges, the Court shall appoint experts to participate in the oral hearing procedures.
Experts shall provide expert reports and present their opinions in court based on their professional expertise.
Chapter 2: General Procedures
Article 22 (Decisions and Administrative Resolutions of Justices)
Decisions of the Justices’ meeting and the grand panel shall be made with the attendance of at least seven Justices, and more than half of the attending Justices must agree. The presiding Justice shall participate in the voting.
Article 23 (Formulation of Hearing Rules and Justices’ Meeting)
The rules for hearing cases shall be formulated by the Justices.
To formulate the rules in the preceding paragraph and handle administrative matters related to the hearing of cases, all Justices shall form a Justices’ meeting.
The meeting in the preceding paragraph shall be convened and chaired by the presiding Justice; if the presiding Justice cannot perform this duty for any reason, it shall be performed by the senior Justice, and if the seniority is the same, by the older Justice.
Article 24 (Submission and Service of Applications)
Applications for judgments under this Act shall be submitted in writing, accompanied by reasons and necessary evidence.
If there are respondents or participants in the application case, the review panel shall serve a copy of the application to the respondents and participants and may set a deadline for them to express their opinions, submit written statements, and relevant documents. However, this does not apply to cases that are not accepted.
The submission of documents may be done by fax or other technological means.
Article 25 (Conditions, Restrictions, Methods, and Effects of Withdrawal)
Before the judgment is announced or published, the applicant may withdraw all or part of their application with the court’s consent. However, if there are respondents and the case has been orally debated, the respondents’ consent is also required.
The withdrawal of an application shall be made in writing. However, it may be done orally on the date of the oral hearing.
Once an application is withdrawn, the applicant may not reapply.
Article 26 (Case Assignment Rules)
Cases shall be assigned in the order of receipt.
The Justices handling the cases shall be determined by drawing lots. If the selected Justice cannot handle the case, another Justice shall be selected by drawing lots.
Article 27 (Consolidation or Separation of Hearings)
The Court may consolidate the hearing procedures of multiple applications or separate parts of an application for separate hearings.
Article 28 (Principle of Open Court)
Judgments shall be made after oral hearings.
Oral hearings shall be conducted in open court and may be broadcasted via video if necessary.
Article 29 (Notification of Oral Hearing Date and Judgment in Absentia)
The date of the oral hearing shall be notified to the applicant, respondent, participants, or other related parties. If they fail to attend without a valid reason, the court may make a judgment after hearing one party’s arguments, unless otherwise provided by this Act.
Article 30 (Commencement and Procedure of Oral Hearings)
The oral hearing shall begin with the reading of the case summary.
After the commencement of the oral hearing, the presiding Justice shall first order the applicant to state the purpose of the application.
The respondent may respond to the applicant’s statement. Other persons notified to attend by the court may express their opinions with the presiding Justice’s permission.
After the statements of the persons in the preceding two paragraphs, the presiding Justice and the Justices handling the case shall ask necessary questions regarding the application and issues.
The Justices participating in the hearing may ask necessary questions after informing the presiding Justice.
Article 31 (Seating Arrangement of Justices in Oral Hearings)
The presiding Justice’s seat shall be in the center of the Justices’ seats, with the seats of the Justices handling the case on the right side of the presiding Justice. The other seats shall be arranged from the left side of the presiding Justice, followed by the right side of the Justices handling the case, in order of seniority. If the seniority is the same, the older ones take precedence.
Article 32 (Investigation of Evidence and Assistance from Relevant Authorities)
The Court may investigate evidence ex officio or upon the application of the applicant, respondent, or participants. The evidence investigation procedure may be conducted in private.
When investigating evidence, the presiding Justice shall ask the applicant, respondent, or participants for their opinions and give them an opportunity to debate.
The applicant, respondent, or participants may, with the presiding Justice’s permission, question witnesses, experts, or other related persons during the evidence investigation. However, the presiding Justice may prohibit it if deemed inappropriate.
The Court may order relevant authorities to provide assistance when investigating evidence and may review relevant documents if necessary.
The review panel may conduct preliminary investigations in accordance with the provisions of Paragraphs 1 to 4 for the court to hear the case.
Article 33 (Handling of Refusal to Testify by Witnesses and Experts)
Unless otherwise provided by this Act, the investigation of evidence, questioning of witnesses, and experts by the court shall be governed by the provisions of civil or criminal procedure law.
If a witness or expert refuses to testify on matters involving state secrets, the refusal shall not be allowed unless more than half of the Justices present at the meeting of at least seven Justices decide otherwise.
Article 34 (Opportunity for Final Statements)
Before the conclusion of the oral hearing, the applicant, respondent, and participants shall be asked if they have any final statements.
Article 35 (Preparation and Inspection of Oral Hearing Records)
The Court shall prepare records of the oral hearing.
The applicant, respondent, and participants may request to inspect the records.
Article 36 (Principle of Direct Hearing)
Justices who did not participate in the oral hearing shall not participate in the deliberation of the judgment.
Article 37 (Confidentiality Obligations and Right to Inspect Deliberation Records)
The content of the court’s deliberation on cases shall be kept confidential.
The applicant, respondent, or participants may request to inspect the deliberation records after the judgment is published.
Article 38 (Non-Acceptance of Applications that are Unlawful, Clearly Unreasonable, or Lack Constitutional Importance)
Applications shall not be accepted if they meet any of the following conditions:
1. Unlawful or clearly unreasonable.
2. Lack of constitutional importance.
The decision not to accept an application shall state the reasons.
Article 39 (Submission of Opinions on Acceptance and Judgment and Time Limit for Case Hearing)
The review panel shall submit its opinion on whether to accept the case within two weeks from the date of receipt and send it to the procedural panel for a decision. If the opinion to accept the case is approved, the review panel shall submit the draft of decision within two weeks and send it to the grand panel for a decision; if the opinion not to accept the case is approved, the review panel shall make a judgment not to accept the case.
If the procedural panel decides that the review panel’s opinion to accept the case should not be accepted, the review panel shall submit the reasons for non-acceptance within one week or send the opinion of accepttance of the review panel to to the grand panel for a decision; if the procedural panel decides that the review panel’s opinion not to accept the case should be denied, the procedure panel shall submit the reasons for acceptance within one week or send the opinion not to accept the case of the review panel to the grand panel for a decision.
If the grand panel agrees with the review panel’s opinion to accept or not accept the case, the review panel shall draft a judgment and submit the judgment within two weeks for the grand panel’s decision.
If the judgment in Paragraphs 1 and 3 is not approved by the grand panel, the Justice handling the case or another Justice designated by the grand panel shall resubmit the draft of judgment within two weeks for a decision.
The judgment shall be announced within one month after the conclusion of the oral hearing. However, the period from the conclusion of the oral hearing to the date of the judgment announcement shall not exceed two months.
Article 40 (Contents of Judgment and Identification of Drafting Justice)
The judgment shall be made in writing and include the following:
1. The names or titles of the applicant, respondent, and participants.
2. The case summary. The date of the conclusion of the oral hearing.
3. The holding. The holding shall state the conclusion of the judgment and may specify the executing authority, type, and method of execution.
4. The main points of the statements of the applicant, respondent, and participants.
5. The reasons. The reasons shall state the basis for acceptance, the constitutional principles examined, the intensity of the review, the application process of the constitutional principles, the comprehensive reasons of the court as proposed by the drafting Justice based on the main points in the preceding paragraph, and the number of Justices agreeing with the holding.
6. The year, month, and day of the announcement or publication.
7. The Court. The Court shall list the Justices participating in the hearing.
The judgment may specify the executing authority, type, and method of execution in the main text.
The judgment shall be drafted by the Justice whose opinion on the holding was approved by the grand panel. The drafting Justice shall be identified as the drafting Justice and sign below the presiding Justice; if the presiding Justice is the drafting Justice, the drafting Justice shall be identified after their name.
The decision not to accept a case drafted by the Justice handling the case or another Justice designated by the grand panel shall state the reasons for not meeting the acceptance criteria, and the other items in Paragraph 1 shall also apply.
Article 41 (Decision on Unconstitutional Review Cases)
The judgment of the grand panel shall be made with the participation of at least seven Justices; acceptance shall be approved by more than half of the participating Justices; if the number of agreeing Justices is not reached, the case shall not be accepted.
The holding of the judgment declaring a law unconstitutional shall be approved by more than half of the participating Justices.
If more than half of the participating Justices agree that the law is not unconstitutional, a judgment declaring the law not unconstitutional shall be made, stating the reasons for not being unconstitutional.
In addition to the declarations in the preceding three paragraphs, the grand panel may, depending on the circumstances of the case, make other appropriate declarations with the approval of more than half of the participating Justices.
Article 42 (Effective Date of Unconstitutional Laws)
If the judgment declares a law unconstitutional, the law shall become invalid from the effective date of the judgment. However, if the holding specifies retroactive invalidity or a fixed period of invalidity, it shall be in accordance with the declaration.
The period specified for the invalidity of a law shall not exceed one year for laws and three months for orders.
Article 43 (Concurring and Dissenting Opinions)
Justices who agree with the judgment but have supplementary or differing opinions on the reasons may submit concurring opinions.
Justices who have expressed differing opinions on the holding of the judgment during deliberation may submit dissenting opinions in part or in whole.
Article 44 (Publication and Service of Judgments)
The judgment and the concurring or dissenting opinions of each Justice shall be published together on the platform of the Constitutional Court and simultaneously in legal journals.
Article 45 (Effectiveness of Judgments)
Judgments shall take effect from the date of announcement or publication.
Article 46 (No Appeal)
No appeal may be filed against the court’s judgment.
Article 47 (No Reapplication by Applicants)
For the same law or final judgment, if the Court has rendered a judgment or substantive decision, the applicant may not reapply, except when there is a need to request a supplementary judgment due to disputes arising from the application of the original judgment or doubts about its appropriateness.
The request for a supplementary judgment is not limited to the original applicant.
Article 48 (No Court Fees)
No court fees shall be charged for cases heard by the court.
Article 49 (Application of Other Procedures)
The procedures for hearing cases by the court, unless otherwise provided by this Act, shall be governed by the provisions of the Administrative Litigation Act.
Chapter 3: Applications for Unconstitutional Review
Section 1: Applications for Unconstitutional Review of Laws and Judgments by the People
Article 50 (Requirements for Applications by the People, Legal Persons, and Political Parties after Exhausting Remedies)
The people, legal persons, or political parties may apply to this court for a judgment of unconstitutionality regarding the laws or judgments applied in their litigation or non-litigation cases after exhausting all remedies in accordance with legal procedures, if they believe that the laws or judgments are unconstitutional.
Article 51 (Requirements for Applications for Unconstitutional Review)
Applications under this section shall be submitted in writing, stating the following:
1. The name, address, or residence of the applicant and the place for service.
2. If there is a representative or litigation agent, their name, address, or residence.
3. The statement of the matter to be judged.
4. The circumstances of the unconstitutionality of the law, the relevant constitutional provisions, and the constitutional rights infringed.
5. The reasons for the application and the applicant’s legal views on the case.
6. The names and number of related documents.
If the application does not comply with the preceding provisions but can be corrected, the review panel shall set a period for correction; if the correction is not made within the period, the review panel shall decide not to accept the application.
Article 52 (Participation in Litigation)
In cases under this section, the agency that proposed, issued, enacted, or executed the disputed law may apply to participate in the proceedings during the pendency of the case.
Section 2: Applications for Unconstitutional Review by Legislators
Article 53 (Requirements for Applications for Unconstitutional Review by Legislators)
More than one-fifth of the total number of legislators may apply to the Constitutional Court for a judgment of unconstitutionality regarding the following laws if they believe they are unconstitutional:
1. Laws that have been promulgated for more than six months, limited to those that have been proposed for amendment in accordance with the Legislative Yuan’s exercise of power but have not been successful.
2. Martial law orders or emergency orders within three months after being ratified by the Legislative Yuan.
3. Budgets, treaties, or other binding resolutions passed by the Legislative Yuan within three months. For those that should be promulgated by law, the three-month period shall be counted from the date of promulgation.
4. Administrative orders submitted by agencies under the Executive Yuan for review by the Legislative Yuan.
Article 54 (Application Mutatis Mutandis)
The provisions of Articles 51 and 52 shall apply mutatis mutandis to cases under this section.