| 英文摘要 |
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. |
