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  • Interpretation
  • No.328【The Boundaries of National Territory Case】
  • Date
  • 1993/11/26
  • Issue
    • Can the Constitutional Court interpret the delimitation of the boundaries of national territory?
  • Holding
    •        Instead of enumerating its components, Article 4 of the Constitution provides that the national territory of the Republic of China is determined “according to its existing national boundaries.” Based on political and historical reasons, a special procedure is also required for any change of territory. The delimitation of national territory according to its history is a significant political question, and is thus beyond the reach of judicial review.
  • Reasoning
    •        How to delimit the boundaries of national territory is purely a political question. The delimitation of the boundaries has been recognized as “an act of state” and is not subject to judicial review according to the constitutional principle of separation of powers. Article 4 of the Constitution provides: "The territory of the Republic of China according to its existing national boundaries shall not be altered except by resolution of the National Assembly." Instead of enumerating the components of national territory, a general provision was adopted, and a special procedure for any change of national territory was concurrently provided. It is understandable that this legislative policy was based upon political and historical reasons. Since the meaning of "according to its existing national boundaries" is closely related to the delimitation of national territory, accordingly, it is a significant political question. Based on the above explanation, this petition for interpretation is denied.
    • ______________________
    • *Translation by Marietta Sze-Chie FA, based upon the previous translation by Jyh-Pin FA
    • **Also available in  Leading Cases of the Taiwan Constitutional Court, Vol. III (2020). 
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