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  • Interpretation
  • No.30
  • Date
  • 1954/01/15
  • Issue
    • May a Member of the Legislative Yuan concurrently be a delegate to the National Assembly?
  • Holding
    •        Although Article 75 of the Constitution merely prohibits a Member of the Legislative Yuan from holding a government post at the same time, it does not connote that any concurrent holding of a non-government position would be permissible. It would still depend on whether the nature of that position is compatible with the function of a Member of the Legislative Yuan. Article 27 of the Constitution empowered the National Assembly to amend the Constitution and to make laws exercising the rights of initiative and referendum. Were a Member of the Legislative Yuan able to become concurrently a delegate to the National Assembly, he or she would then be able to submit a legislative bill and cast a vote of referendum on that same bill. This is a conflict of interest. Besides, allowing a Member of the Legislative Yuan to exercise legislative power, while at the same time participating in the initiative and referendum of national laws, is incongruent with the spirit of Articles 25 and 62 of the Constitution. Therefore, no Member of the Legislative Yuan shall concurrently be a delegate to the National Assembly.
      
    • *Translated by Robert Huai-Ching Tsai.
  • Reasoning
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