| 英文摘要 |
The Constitutional Court Procedure Act (hereinafter the“Act”) was passed on December 18, 2018 and came into effect on January 04, 2022. However, in less than one year, the Judicial Yuan submitted its draft amendments to several articles of the Act, which comprised of 15 amended articles and one additional new article on August 11, 2022. Among them, six articles were passed by the Legislative Yuan on May 26, 2023 and came into effect on July 07, 2023. The draft amendments involve certain general issues, such as the applicable situations of the Act, the expansion of the Chambers’competence, the scope of participants in the procedure, and the relevant adjustment on the procedural review and operational issues. In addition, the draft amendments address other more specific issues, such as the changes on the effect of decisions on the constitutionality of laws and the requirement for the petition to initiate the procedure for the review of constitutionality of decisions or laws from the public. This article discusses and comments on the draft amendments to the Act on the basis of constitutional litigation theories and further provides recommendations. Finally, considerations on several possible developments and future practical implementation of legislation after the enactment of the adopted articles of the Act are presented. |
