| 英文摘要 |
This article is entitled “Exercising the Authority of Unified Interpretation of the Law and Its Separation” which aims at discussing how the Grand Chamber of Supreme Administrative Court and Grand Justices of Judicial Yuan exercise the authority of unified interpretation of the law. Because of the amendments of Organic Act of Administrative Court and Constitutional Court Procedure Act, the main axis in this article is to expound three core issues: what is the unified interpretation of the law, how to exercise the authority of unified interpretation of the law, and how to separate the authority of unified interpretation of the law. Accordingly, this article explains that Grand Chamber of Supreme Administrative Court, in line with Organic Act of Administrative Court, has the authority of unified interpretation of the law with concrete and specific effect before the final and binding judgment of causal cases. Similarly, Grand Justices of Judicial Yuan, based on Constitutional Interpretation Procedure Act (Constitutional Court Procedure Act), have the authority of unified interpretation of the law with abstract and general effect after the final and binding judgment of causal cases. However, this article suggests that Grand Justices of Judicial Yuan, after the implementation of Constitutional Court Procedure Act, will form Constitutional Court and exercise trial, so they should focus on exercising the authority of interpretation of the constitution. In other words, the unified interpretation of the law is no longer exercised by Grand Justices of Judicial Yuan and is left to Grand Chamber of Supreme Administrative Court (Supreme Court) or United Grand Chamber. This manifests the “Judicial Yuan” in Article 78 of the Constitution which enumerates that “Judicial Yuan … and has the authority of unified interpretation of the law and order” excluding Grand Justices of Judicial Yuan. Therefore, Grand Justices of Judicial Yuan are committed to the interpretation of the constitution, and are relieved of task to the unified interpretation of the law. |
