英文摘要 |
The primary purpose and jurisdiction of the Constitutional Court is to perform the judicial review for which the interpretations, variants, decision, declaration methods, reasons, and effects explained and presented by the Constitutional Court have long been controversial in terms of the Law on Constitutional Procedure. The contents of the Constitutional Court for judicial review of the Grand Justices of the Judicial Yuan in Taiwan mainly adopted the German judicial review system. However, without proper methods of declaring and explained null and void effects of law passed, controversies and problems consequently are generated for understanding and applying the null and void issues as well as effects of the interpretations made by of the Grand Justices of the Constitutional Court for judicial review. This paper has two chief purposes. First, it will systematically examine the variants and effects of the Federal Constitutional Court of Germany and theoretically explore the problems developed from practical applications of the decisions made by the Federal Constitutional Court of Germany. Second, this paper will investigate the relevant contents in the 2013 version of the Act of Governing the Decisions of the Grand Justices of the Judicial Yuan including methods of declaring the decision made by the Constitutional Court, specifications of the effect and scope of the declaration of the law incompatible with the Constitution, and the generalized effect to reinforce the guarantee of human rights and relief possibility, and to advance the goal on the reform of the Constitutional Review and Interpretations with a more complete perspective. |