| 英文摘要 |
Local self-government is a crucial system guaranteed by the Constitution. According to the Constitution and relevant laws, local self-governing bodies enjoy autonomy on relevant matters on the one hand, and are also supervised by (central) superior government authorities on the other hand. Meanwhile, when local self-governing bodies consider that supervision from superior government authorities violates laws or the Constitution, or that laws promulgated by the central government infringe their local autonomy, their right to seek remedies according to law should also be guaranteed, i.e., to seek remedies through administrative and constitutional litigation depending on different circumstances.
On this basis, the research focuses on the issue of the application for constitutional interpretation by local self-governing bodies for the purpose of ensuring their autonomy. According to Chapter Seven of the Constitutional Court Procedure Act, two provisions (i.e., Articles 82 and 83) promulgate that local self-governing bodies are eligible to apply for constitutional interpretation when the specific requirements are met. Therefore, this research firstly analyzes the legal bases and history of these two provisions as well as their status in the system of constitutional interpretation and their relationship with other provisions involving constitutional interpretation. Moreover, to comprehensively understand this institutional design, this research examines the procedural requirements for applying this kind of constitutional interpretation as well as trial and decisions by the Grand Justices under these two provisions. Finally, this research further provides proposals for the amendment of Chapter Seven of the Constitutional Court Procedure Act for reference. |
