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  • Interpretation
  • No.38
  • Date
  • 1954/08/27
  • Issue
    • Article 80 of the Constitution mandates judges to try cases independently in accordance with law. Does the term “in accordance with law” exclude ordinances and regulations that do not contradict the Constitution and statutes as a source of law?
  • Holding
    •        The aim of Article 80 of the Constitution is to ensure independent adjudication of judges, free from any interference. The term “in accordance with law” denotes that statutes are the primary basis of adjudication. It does not exclude ordinances and regulations that do not contradict the Constitution and statutes as a source of law. When a county council performs its legislative function, it shall not abridge the freedom and rights of the people unless there is a constitutional or statutory authorization.
      
    • *Translated by Eric Yao-kuo Chiang
      
  • Reasoning
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