Go to Content Area :::

Decisions

Home > Decisions > Docket Search > Before 2022
:::
:::
  • Interpretation
  • No.1
  • Date
  • 1949/01/06
  • Issue
    • Shall a Member of the Legislative Yuan who took a government post without formally resigning from his or her office in the Legislative Yuan be deemed to have resigned at the time he or she took the government post?
  • Holding
    •        Article 75 of the Constitution provides that no Member of the Legislative Yuan shall concurrently hold a government post. Those members who wish to take a government post shall immediately resign from office in the Legislative Yuan. If a member took the government post without formally resigning from office in the Legislative Yuan, it would appear that he or she has no intention to stay in the Legislative Yuan. Therefore, he or she shall be deemed to have resigned from office in the Legislative Yuan at the time he or she took the government post.
      
    • *Translated by Robert Huai-Ching Tsai.
  • Reasoning
    Back Top