| 英文摘要 |
In accordance with the Constitution No.77, No. 78, No. 80, No. 171, No.173, the amendment No. 5, and J.Y. Interpretation No. 371, No. 392, No. 601, the judicial power embedded in the Constitution is a systematic distribution of responsibility within each level of court system exercised jointly by the general jurisdiction and the competence of the Grand Justices of the Judicial Yuan. The jurisdiction for final interpretation concerning the unconstitutionality of law is thus considered to belong exclusively to the Grand Justices of the Judicial Yuan. The Grand Justices practically and undoubtedly are the judicial guardians of the constitution responsible for constitutional interpretation in the Constitutional court. From the general judicial viewpoint, J.Y. Interpretation No. 371 procedurally grants the right to general courts when petitioning for a constitutional interpretation. Furthermore, J.Y. Interpretation No. 656 essentially expands the effect of diffusion of basic rights concerning its explanation of and applicability to general laws. Accordingly, general courts should follow the judicial explanations applicable to guarantee people's basic rights congruent to the Constitution when making a ruling and uphold the constitutional guidelines when exercising jurisdiction. This consequently forms a pattern for the general courts in assisting and guarding the function and structure of the Constitution practically and procedurally. Moreover, the newly introduced ''Constitutional Procedure Act'' which will take effect on January 04, 2022 specifies that general courts are obliged to follow judicial guidelines which is based on the German Constitutional review system. Thus, it is worth examining whether or not the Justices of Judicial Yuan should exclusively hold the laurel wreath of guardians of the Constitution and its interpretations. Given that upholding and enforcing the Constitution is the obligation of public authority, this paper argues that the Grand Justices should not hold the exclusive power to guard the Constitution and proposes a notion of ''a systematic distribution of responsibility of judicial power to guard the Constitution''. This paper further explores the judicial power between the constitutional interpretation of the Justices of Constitutional Court and jurisdiction of general courts, contending that all levels of courts should be in charge of protecting the Constitution with a systematic distribution of responsibility and functional structure. A comprehensive systematical, judicial, and practical discussion concerning the judicial power in reference to the German judicial law is also addressed. |
