| 英文摘要 |
While handling a case, if the judge suspects with reasonable assurance that the applicable statute may contravene the Constitution, the judge may make it a prerequisite issue for deciding the pending case. The judge shall then suspend the procedure of the case, provide concrete reasoning of the judges objective belief that the statute violates the Constitution, and petition the Constitutional Court for a constitutional interpretation. This form of interpretation may eliminate the judges dilemma of upholding the Constitution while applying the controversial statute, and conserve judicial resources. Therefore, the procedure of the judges petition to interpret the unconstitutionality of the statute is of critical importance in the practice of the constitutional interpretation. This article discusses the evolution, requirements, procedure and practice of the judges petition to interpret the unconstitutionality of the statute in Taiwan. It also suggests that the Constitutional Court clarify its criteria for the providing of concrete reasoning of the judges objective belief that the statute violates the Constitution, and encourages the judge to submit a petition of this kind when the requirements are met. |
