Unconstitutional Constitutional Amendment in Taiwan: A Retrospective Analysis of Judicial Yuan Interpretation No. 499 [2000]
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UNCONSTITUTIONAL CONSTITUTIONAL AMENDMENT IN TAIWAN:
A RETROSPECTIVE ANALYSIS OF JUDICIAL YUAN
INTERPRETATION No. 499 [2000]
David KC Huang +
Nigel NT Litt
Abstract
This article looks back at Judicial Yuan
Interpretation No. 499 [2000] twenty years on. It
examines the ways in which the legal arguments of
unconstitutional constitutional amendment were
constructed by the counsels of the appellants and
how the Justices ruled accordingly. The main text
of the Constitution said nothing about the exercise
of constitutional amending power, meaning that it
was being misused by the National Assembly
posing a challenge to Taiwan 's political taboo on
the extension of terms of office. The disputed
constitutional amendments were therefore struck
down by the Justices as the guardians of the
constitution, thereby founding the principle of
limited constitutional amending power in Taiwan.
I. INTRODUCTION
Judicial Yuan Interpretation No. 499 [2000] represents a
milestone in the legal history of Taiwan. It proclaimed the Fifth
Amendment of the Additional Articles of the Constitution of the](ViewImageLocal?handle=hein.journals/etalr15&div=15&collection=&method=preview&ext=.png&size=3)
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Unconstitutional Constitutional Amendment in Taiwan: A Retrospective Analysis of Judicial Yuan Interpretation No. 499 [2000]
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