Constitution of the Republic of China

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Constitution of the
Republic of China
1946 National Assembly Constitution.jpg
First page of the original copy of the Constitution
Overview
Original title中華民國憲法
Jurisdiction Republic of China
Ratified 25 December 1946;77 years ago (1946-12-25)
Date effective 25 December 1947;76 years ago (1947-12-25)
System Unitary parliamentary
constitutional republic
Government structure
Branches Five (Executive, Legislative, Judicial, Examination, Control)
Head of state President
Chambers Tricameral (National Assembly, Legislative Yuan, Control Yuan) [1]
Executive Premier led Executive Yuan
Judiciary Judicial Yuan
Federalism Unitary
Electoral college Yes (National Assembly)
History
First legislature 29 March 1948 (NA)
8 May 1948 (LY)
5 June 1948 (CY) [2]
First executive 20 May 1948 (President)
24 May 1948 (Premier)
First court2 July 1948
Repealed 1 October 1949;74 years ago (1949-10-01) (Mainland China)
Amendments see Additional Articles of the Constitution of the Republic of China
LocationAcademia Historica, Zhongzheng, Taipei [3]
Commissioned by National Constituent Assembly
Author(s) Carsun Chang and the members of the National Constituent Assembly
Signatories1,701 of 2,050 delegates, in Nanjing
Supersedes Provisional Constitution of the Republic of China
རྩ་ཁྲིམས།་ཀྲུང་ཧྭ་དམངས་གཙོའི་རྒྱལ་ཁབ།ᠦᠨᠳᠦᠰᠦᠨᠤ
ᠬᠠᠤᠯᠢᠤ
ᠳᠤᠮᠳᠠᠳᠤᠤ
ᠢᠷᠭᠡᠨᠤ
ᠤᠯᠤ
جۇڭخۇا مىنگو ئاساسىي قانۇن

Related Research Articles

<span class="mw-page-title-main">Politics of Taiwan</span> Political system of Taiwan

Taiwan, officially known as the Republic of China (ROC), is governed in a framework of a representative democratic republic under a five-power system first envisioned by Sun Yat-sen in 1906, whereby under the constitutional amendments, the President is head of state and the Premier (President of the Executive Yuan) is head of government, and of a multi-party system. Executive power is exercised by the Executive Yuan. Legislative power is vested primarily in the Legislative Yuan. The judiciary is independent of the executive and the legislature. In addition, the Examination Yuan is in charge of validating the qualification of civil servants, and the Control Yuan inspects, reviews, and audits the policies and operations of the government. The party system is currently dominated by two major parties: the Kuomintang (KMT), which broadly favors maintaining the constitutional framework of the Republic of China Constitution and deepened economical cooperation with mainland China, and the Democratic Progressive Party (DPP), which broadly favors de jure Taiwanese Independence, and the eventual abolition of the ROC Constitution in favor of creating a "Taiwanese Republic."

<span class="mw-page-title-main">President of the Republic of China</span> Head of state of the Republic of China

The president of the Republic of China, commonly known as the president of Taiwan, is the head of state of the Republic of China (Taiwan) as well as the commander-in-chief of the Republic of China Armed Forces. The position once had authority of ruling over Mainland China, but its remaining jurisdictions has been limited to Taiwan, Penghu, Kinmen, Matsu, and other smaller islands since the conclusion of the Chinese Civil War.

<span class="mw-page-title-main">Legislative Yuan</span> Unicameral national legislature of the Republic of China (Taiwan)

The Legislative Yuan is the unicameral legislature of the Republic of China (Taiwan) located in Taipei. The Legislative Yuan is composed of 113 members, who are directly elected for four-year terms by people of the Taiwan Area through a parallel voting system.

<span class="mw-page-title-main">National Assembly (Republic of China)</span> 1947–2005 electoral college and constitutional convention in the East Asian country

The National Assembly was the authoritative legislative body of the Republic of China, from 1947 to 2005. Along with the Control Yuan and the Legislative Yuan, the National Assembly formed the tricameral parliament of the Republic of China.

The history of the Republic of China begins after the Qing dynasty in 1912, when the Xinhai Revolution and the formation of the Republic of China put an end to 2,000 years of imperial rule. The Republic experienced many trials and tribulations after its founding which included being dominated by elements as disparate as warlord generals and foreign powers.

<span class="mw-page-title-main">Premier of the Republic of China</span> Political position at the government of the Republic of China

The premier of the Republic of China, officially the president of the Executive Yuan, is the head of the government of the Republic of China of Taiwan and leader of the Executive Yuan. The premier is nominally the principal advisor to the president of the republic and positioned as the head of central government.

<span class="mw-page-title-main">Judicial Yuan</span> Judicial branch of Taiwan

The Judicial Yuan is the judicial branch of the government of Taiwan. It runs a Constitutional Court and oversees all systems of courts of Taiwan, including ordinary courts like the supreme court, high courts, district courts as well as special courts like administrative courts and disciplinary courts. By Taiwanese law, the Judicial Yuan holds the following powers:

<span class="mw-page-title-main">Control Yuan</span> Investigative agency of the Republic of China government

The Control Yuan is the supervisory and auditory branch of the government of the Republic of China, both during its time in mainland China and Taiwan.

<span class="mw-page-title-main">History of Taiwan (1945–present)</span> History of Taiwan since 1945

As a result of the surrender and occupation of Japan at the end of World War II, the islands of Taiwan and Penghu were placed under the governance of the Republic of China (ROC), ruled by the Kuomintang (KMT), on 25 October 1945. Following the February 28 massacre in 1947, martial law was declared in 1949 by the Governor of Taiwan, Chen Cheng, and the ROC Ministry of National Defense. Following the end of the Chinese Civil War in 1949, the ROC government retreated from the mainland as the Chinese Communist Party (CCP) proclaimed the establishment of the People's Republic of China. The KMT retreated to Taiwan and declared Taipei the temporary capital of the ROC. For many years, the ROC and PRC each continued to claim in the diplomatic arena to be the sole legitimate government of "China". In 1971, the United Nations expelled the ROC and replaced it with the PRC.

<span class="mw-page-title-main">2004 Taiwanese legislative election</span>

The 2004 Taiwanese legislative election was held on 11 December 2004. All 225 seats of the Legislative Yuan were up for election: 168 elected by single non-transferable vote, 41 elected through party-list Proportional representation, eight elected from overseas Chinese constituencies on the basis of the proportion of nationwide votes received by participating political parties, eight elected by popular vote among the aboriginal populations. Members served three-year terms beginning on 1 February 2005, and ending 31 January 2008. The next term served four years.

<span class="mw-page-title-main">Timeline of the Republic of China</span>

This is a timeline of the Republic of China.

<span class="mw-page-title-main">Free area of the Republic of China</span> Territories under the control of the Government of the Republic of China

The free area of the Republic of China, also known as the "Taiwan Area of the Republic of China", the "Tai-Min Area " or simply the "Taiwan Area", is a term used by the government of the Republic of China (Taiwan) to refer to the territories under its actual control. As a legal term written in the Additional articles of the ROC constitution and Cross-Strait Act.

The Temporary Provisions Effective During the Period of National Mobilization for Suppression of the Communist Rebellion were provisions of the Constitution of the Republic of China effective from 1948 to 1991 and amended four times by the Central Government of China. They effectively nullified the constitution and established martial law in Taiwan, where civil and political freedoms were curtailed. The official rationale for the provisions was the ongoing Chinese Civil War, but with the demise of the Kuomintang single-party system, the provisions were repealed.

<span class="mw-page-title-main">Nationalist government</span> Government of the Republic of China between 1925 and 1948

The Nationalist government, officially the National Government of the Republic of China, also known as the Second Republic of China or simply as the Republic of China, refers to the government of the Republic of China from 1 July 1925 to 20 May 1948, led by the Kuomintang.

<span class="mw-page-title-main">Government of the Republic of China</span> National government of Taiwan since 1948

The Government of the Republic of China is the national government of the Republic of China (ROC) whose de facto territory currently consists of Taiwan, Penghu, Kinmen, Matsu, and other island groups in the "free area". Governed by the Democratic Progressive Party (DPP) since 2016, the president is the head of state. The government consists of the presidency and five branches (Yuan): the Executive Yuan, Legislative Yuan, Judicial Yuan, Examination Yuan, and Control Yuan.

Referendums in Taiwan at both the national and local level are governed by the Referendum Act of Taiwan, which was enacted by the Legislative Yuan in December 2003. Citizens can propose laws via referendums at the national and local levels. The Referendum Act also allowed people to make changes or abolish laws by referendums.

<span class="mw-page-title-main">Martial law in Taiwan</span> Period of military rule in Taiwan (1949–1987)

Martial law in Taiwan refers to the periods in the history of Taiwan after World War II, during control by the Republic of China Armed Forces of the Kuomintang-led regime. The term is specifically used to refer to the over 38-year-long consecutive martial law period between 20 May 1949 and 14 July 1987, which was qualified as "the longest imposition of martial law by a regime anywhere in the world" at that time.

<span class="mw-page-title-main">Republic of China (1912–1949)</span> Republic of China prior to move to Taiwan

The Republic of China (ROC), or simply as China, was a sovereign state based on mainland China from 1912 to 1949 prior to the Government of the Republic of China's relocation to Taiwan, where it continues to be based today. The ROC was established on 1 January 1912 during the Xinhai Revolution against the Qing dynasty, ending the imperial history of China. The ROC's government was ruled by the Kuomintang as a one-party state based in Nanjing from 1927, until its flight to Taipei on 7 December 1949 following the KMT's de facto defeat by the Chinese Communist Party (CCP) in the Chinese Civil War. The CCP-led People's Republic of China (PRC) was established in mainland China upon its official proclamation on 1 October 1949, while the ROC retains actual control over the Taiwan Area with the political status of Taiwan remaining in dispute to this day.

The Additional Articles of the Constitution of the Republic of China are the revisions and constitutional amendments to the original constitution to meet the requisites of the nation and the political status of Taiwan "prior to national unification". The Additional Articles are usually attached after the original constitution as a separate document. It also has its own preamble and article ordering different from the original constitution.

A constitutional referendum was held in Taiwan on 26 November 2022. Voters voted on adding Article 1-1 to the Additional Articles of the Constitution of the Republic of China. If passed, the voting age would be lowered from 20 to 18 years. The amendment would also lower the minimum age of candidacy from 23 to 18 years, but would only have an effect once the relevant electoral laws are amended accordingly.

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Constitution of the
Republic of China
Chinese name
Traditional Chinese 中華民國 憲法
Simplified Chinese 中华民国 宪法