According to Article 5 of the Amendment to the Constitution, the Constitutional Court has the authority to handle cases concerning the dissolution of a political party violating the Constitution. The aim or conduct of any political party which threatens the existence of the Republic of China or the order of free and democratic constitutionalism is unconstitutional. The detailed procedures for handling cases of this kind are regulated by the Constitutional Court Procedure Act and the relevant rule proclaimed by the Judicial Yuan.
Petition and Procedure
Petition for the Dissolution of a Political Party Violating the Constitution
If the objectives of a particular political party or its activities endanger either the continuing existence of the Republic of China or the order of free and democratic constitutionalism, the agency-in-charge (Ministry of the Interior) may petition the Constitutional Court for a judgment on the dissolution of the party.
Procedure for the Dissolution of a Political Party Violating the Constitution
The Court shall decide the cases based on oral proceedings unless the Court deems it unnecessary and dismisses the petition. The Constitutional Court conducts oral proceedings only with the presence of three-fourths or more of the total number of Justices of the Constitutional Court. If the Constitutional Court considers a petition to have merit, a judgment pronouncing dissolution of the political party will be rendered because of violating the Constitution. If the Court considers that a petition is without merit, it will dismiss the petition by a judgment. For cases with oral proceedings, judgments are to be rendered on a designated date within one month after the conclusion of the oral proceedings.
The deliberation to dissolve a political party may be rendered only with the concurrence of two-thirds of the Justices of the Constitutional Court present at the oral proceedings. If the quorum of the deliberation does not reach the regulated standard, a judgment of non-dissolution is rendered. The judgment of the Constitutional Court is not subject to appeal.