英文摘要 |
The Constitutional Interpretation Procedure Act has only been amended three times since its publication in 1948 and the most recent one was made 25 years ago. Although efforts have been made via judicial interpretation to ensure that Grand Justices’ judgments can advance with the times and protect people’s rights, many of the original provisions of the Act are undeniably outdated. In this regard, in 2018 the Judicial Yuan proposed the draft of “Constitutional Procedure Act” to replace the Constitutional Interpretation Procedure Act. The foregoing draft not only codified the interpretation methods manifested in the past judicial interpretations, but also incorporated the constitutional complaint system under German law. The main function of constitutional complaint system is to allow an individual “judgement” to be an object for judicial interpretations. From the perspective of right protection, in the past it may not be remediable when a regulation is constitutional while the judgment is not in applying such regulation, and the new system can extend the protection scope. On the other hand, such extension may lead to increased workload and reduced interpretation efficiency. This article generally supports the new system, however, how to reduce possible negative impacts is still subject to further study. |