The Analysis of Reasoning and Function of Judge-Initiated Petition for Constitutional Interpretation
Date Issued
2011
Date
2011
Author(s)
Tsai, Yueh-Han
Abstract
Following interpretations No. 371 and No. 572, a judge may petition to Judicial Yuan for further interpretation when there are questions on the constitutionality of an applicable law. To understand the function of this petition process, one must understand the requirements of interpretations No. 371 and No. 572, and how to construct petition reasons based on these requirements.
This paper studies the formation of the judicial petition system and whether the Judicial Yuan follows the requirements of interpretation No. 572 in its review of the petition. The paper relies on real life samples and relevant theories to determine the reasoning behind the acceptance/rejection of petitions as well as the low utilization of current petition reason.
In summary, the Judicial Yuan interpretation No. 572 has partially improved the petition review process, where there is lack of clear standards. However, the functionality of this process has received limited attention and the judges are not fully aware of the constitution.
Subjects
judicial interpretation
judge petition
constitutional interpretation
interpretation no 572
interpretation no 371
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