TAIPEI (Taiwan News) — The Judicial Yuan issued a statement Friday reaffirming that legislative power must operate within the limits set by the Constitution and the constitutional interpretations made by the grand justices.
The statement follows a recent report from the Legislative Yuan, which argued that constitutional interpretations by the Grand Justices do not hold the same status as the written Constitution. The report claimed that rulings by the Constitutional Court require respect but do not bind the legislature or restrict its freedom to enact future laws, according to CNA.
In response, the Judicial Yuan clarified that under Article 78 of the Constitution, the grand justices have the authority to interpret the Constitution and exercise the powers of the Constitutional Court. Their interpretations and rulings are legally binding on all government agencies and the public.
All relevant authorities are required to act in accordance with these interpretations and implement the rulings. The statement cited Interpretation No. 185 by the grand justices, which elaborates on the binding nature of their decisions, and Article 38, Paragraph 1 of the Constitutional Court Procedure Act, which codifies this obligation.
At the same time, Interpretation No. 662 acknowledges the Legislative Yuan’s democratic legitimacy and its responsibility to enact or amend laws to meet society’s evolving needs. This defines the scope of the legislature’s powers.
However, the Judicial Yuan emphasized that under the principle of separation of powers, the legislature must not exceed the Constitution or the constitutional interpretations made by the grand justices. Therefore, these interpretations and rulings carry the same force as the Constitution itself.
The Judicial Yuan also recognized the legislature’s prerogative to proactively draft repeated legislation to reflect public opinion, as noted in the Legislative Yuan’s report. Nevertheless, Article 171, Paragraph 2 of the Constitution assigns the Judicial Yuan the responsibility to determine whether laws conflict with the Constitution.
If repeated legislation is suspected of conflicting with existing constitutional interpretations or rulings, parties with legal standing may request a constitutional review. In such cases, the Constitutional Court must assess the law’s constitutionality.
This mechanism reinforces the Judicial Yuan’s role as the ultimate authority on constitutional interpretation and ensures that legislative actions remain within constitutional boundaries, as detailed in Interpretations No. 366 and No. 662.
Regarding the Legislative Yuan’s discussion on the scope of constitutional review and the distinction between constitutional and political issues, the Judicial Yuan stated these matters are central to individual case reviews conducted by the grand justices. Out of respect for judicial independence, the Judicial Yuan declined to comment further on these topics.





