憲法訴訟類型與審理程序──以憲法訴訟法第三章法規範及裁判憲法審查為中心

Types of Constitutional Litigation and Trial Proceedings–Focusing on the Norms & Regulations of Chapter III of the Constitutional Court Procedure Act & Adjudication of the Constitutional Review

憲法訴訟法之施行，象徵我國採行特別的憲法法院審判權掌理憲法訴訟模式之具體實踐。本法在規範架構特色之一，乃體例上以憲法訴訟客體為章名規制共計五章篇幅的憲法訴訟類型。憲法訴訟法第1條第1項開宗明義即揭示大法官組成憲法法庭，依本法規定審理案件，所列第1款即法規範憲法審查及裁判憲法審查案件，足證法規範憲法審查始終為憲法法院審判權之核心。本文主要論述憲法訴訟法第三章法規範及裁判憲法審查程序規範內容、程序要件及相關問題，本章三節分別規定聲請憲法法庭裁判之「主體」的國家機關及立法委員、法院、人民聲請的法規範憲法審查，以及新制人民聲請裁判憲法審查。憲法法庭依本法規定迄今已作成之判決，多為受理人民及法院聲請案件，本文於闡明第三章憲法訴訟程序部分並同時簡評幾則憲法法庭判決之受理程序。憲法訴訟案件之審理程序，本法有關憲法法庭及審查庭之規制，除了第61條之特別規定外，僅限於審理權限及較多篇幅關於判決與裁定之規範，文末說明規定集中於憲法法庭審理規則之案件審理程序。

The implementation of the Constitutional Court Procedure Act on January 4, 2022 symbolizes the concrete practice of the adoption of a special judicial power to adjudicate the constitutional litigations in the Constitutional Court in Taiwan. One of the defining features of the normative framework of this Act is that it systematically regulates types of constitutional litigation with a total of five chapters under the name of the constitutional litigation object. Specifically, Article 1, Item 1 of the Constitutional Court Procedure Act principally states that the Justices of the Judicial Yuan comprise the Constitutional Court, which, in accordance with this Act, have the power to adjudicate the constitutional litigations, in particular as stipulated in the 1st paragraph in respect of the constitutionality of laws and adjudication of the constitutional reviews. It manifests that the review of the constitutionality of laws has always been the core of the judicial power of the Constitutional Court. This article primarily discusses the laws and regulations of Chapter III of the Constitutional Court Procedure Act as well as the normative content, procedural elements and relevant issues of judicial constitutional review. This article consists of three Chapters that respectively delineate the petition “subjects” for Constitutional Court adjudication and review of laws including the state organs, legislators, courts, ordinary citizens, and the new application system for adjudication of the constitutional review for people. Moreover, in accordance with the provisions of this Act, the decisions that the Constitutional Court has rendered so far mostly concern appeal cases filed by people and courts. This article accordingly clarifies the Chapter III of the Constitutional Court Procedure Act and briefly reviews the trial proceedings of several Constitutional Court rulings. With regard to the trial proceedings of the constitutional litigations and apart from the special provisions of Article 61, the provisions for the Constitution Court and the Chamber stipulated in the Constitutional Court Procedure Act are limited to the jurisdiction of the trial and mainly regulations concerning judgments and rulings. Hence, this article in closing explicates that the provisions of trial proceedings for reviewing cases are concentrated on the adjudication rules of the Constitutional Court.