According to the system of local government provisions in the Constitution, the Central Government has no authority to enact individual laws for specified provincial assemblies and the organization of the provincial government.  The established provincial representative bodies have no legislative power either.

       The petitioning institute in this case applied for an interpretation with respect to questions of delegation of local government’s legislative power under the Constitution.  It is clear that this is not a question concerning the constitutionality of the laws.

       With regard to the delegation of the provincial and counties’ legislative power, the Constitution has prescribed special provisions in Articles 108, 112 and 113.  According to these provisions, the Central Government has no authority to enact individual laws for specified provincial assemblies and the organization of the provincial government. The established provincial representative bodies have no legislative power either.  When applying the Constitution, if matters that have not been contemplated at the time of drafting arise, the central government shall respond by balancing the needs of the nation, taking into consideration the special circumstances of the regions, and promptly resolve the matters pursuant to the constitutional procedures.  Prior to resolution under the constitutional procedures, the self-governance and administration of provincial and county governments cannot be suspended. For the same reason given in this Yuan’s Interpretation No.259, the local self-governance system and the existing legislations of the provincial assembly and provincial governmental organizations shall remain operative.

*Translated by THY Taiwan International Law Offices.