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  • Interpretation
  • No.117
  • Date
  • 1966/11/09
  • Issue
    • During national turmoil, is it contradictory to the Constitution to declare and replace vacant seats in the National Assembly without going through the election and recall process?
  • Holding
    •        The provisions of Article 3, Subparagraph 1, and Article 4 of the Act Governing Replacement of Any Vacant Seat of the First Term National Assembly are not inconsistent with the Constitution.
  • Reasoning
    •        Article 34 of the Constitution stated that the election and recall of the National Assembly delegates should be provided by law. The Act Governing Replacement of Any Vacant Seat of the First Term National Assembly (hereinafter the ”Act”) is a supplementary provision to the Act Governing the Election and Recall of the National Assembly Delegates and its Enforcement Act. Article 3, Subparagraph 1, of the Act provided that if a delegate has not reported to office for three years, and has not made timely appearance after a notice of appearance was published, his or her seat shall be deemed vacant for cause. Article 4 of the Act provided that if this happened with a replacement delegate, he or she should also be disqualified. These provisions were adopted to meet the needs of the nation after the central government moved to Taiwan. They are not inconsistent with pertinent provisions of the Constitution.
      
    • *Translated by Robert Huai-Ching Tsai.
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