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  • Interpretation
  • No.122
  • Date
  • 1967/07/05
  • Issue
    • Does the Constitution provide legislative immunity for a speech or debate given by legislators of the local governments during their attendance at a legislative session?
  • Holding
    •        The Constitution does not explicitly provide legislative immunity for a speech or debate given by legislators of the local governments during their attendance at a legislative session. Thus, the Interpretation Yuan-je Tsu No.3735 which states that county legislators will be held liable for an unlawful speech they give during their attendance at a legislative session even if such a speech was irrelevant to the legislative affairs, remains constitutional and valid.
  • Reasoning
    •        The Constitution does not explicitly provide legislative immunity for a speech or debate given by legislators of the local governments during their attendance at a legislative session. The Interpretation Yuan-je Tsu No.3735 which states that county legislators will be held liable for an unlawful speech they give during their attendance at a legislative session even if such a speech was irrelevant to the legislative affairs, refers to those legislators who intentionally abuse their legislative immunity during their attendance at a legislative session. Thus, the Interpretation Yuan-je Tsu No.3735 remains constitutional and valid. If legislators of the local governments including the provincial government, county governments and municipal governments, do not intentionally abuse their legislative immunity, a speech or debate they give during their attendance at the legislative session will be protected.
      
    • *Translated by Li-Chih Lin, Esq., J.D.
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