Additional Articles of the Constitution of the Republic of China
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. 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.[1]
| Additional Articles of the Constitution of the Republic of China | |
|---|---|
| Original title | 中華民國憲法增修條文 |
| Jurisdiction | Free area of the Republic of China |
| Ratified | April 22, 1991 |
| Date effective | May 1, 1991 |
| System | Unitary semi-presidential republic |
| Branches | Five (Executive, Legislative, Judicial, Examination, Control) |
| Head of state | President |
| Chambers | Unicameral (Legislative Yuan) |
| Executive | Executive Yuan led by the Premier |
| Judiciary | Judicial Yuan |
| Federalism | Unitary |
| Electoral college | No |
| First legislature | January 1, 1992 (NA) February 1, 1993 (LY) |
| Amendments | 7 |
| Last amended | June 10, 2005 |
| Commissioned by | National Assembly |
| Signatories | 438 of the 445 remaining delegates elected in 1947, in Taipei |
| Supersedes | Most articles of the original Constitution of the Republic of China |
| Additional Articles of the Constitution of the Republic of China | |||||||||||||||||||||||||||
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| Traditional Chinese | 中華民國憲法 增修條文 | ||||||||||||||||||||||||||
| Simplified Chinese | 中华民国宪法 增修条文 | ||||||||||||||||||||||||||
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The Additional Articles are the fundamental law of the present government of the Republic of China on Taiwan since 1991, last amended in 2005.
Features
Free area
The territory controlled by the Government of the Republic of China changed significantly after the Chinese Civil War. This created difficulties in holding elections on a national scale. Thus, the Additional Articles of the Constitution defines the Free Area (Chinese: 自由地區, Mandarin: Zìyóu Dìqū, Taiwanese: Chū-iû Tē-khu, Hakka: Chhṳ-yù Thi-khî) to address the territory and the people under the government's effective jurisdiction. Whilst all residents of China are nominally citizens of the Republic, only the citizens who have the right to abode in the Free Area may exercise the full civil and political rights, including suffrage and referendum.
Direct presidential election
The Additional Articles requires direct election of the President by the citizens of the free area.[2] The first direct presidential election was held in 1996. Under the original constitution, the President was elected indirectly by the National Assembly.
Government reform and reorganization
The Additional Articles of the Constitution reformed the government of the Republic of China from a parliamentary system to a semi-presidential system. The National Assembly is abolished, and its functions are exercised directly by the citizens of the Free area. The five-power governmental structure is retained, though it functions closer to the traditional Western trias politica in practice.
Constitutional referendum
The Additional Articles were ratified on June 7, 2005, a constitutional amendment or an alteration of the national territory has to be ratified by more than half (50%) of voters of the Free Area in a referendum after passed in the Legislative Yuan with a three-quarters majority. Before that, constitutional amendments and national territory alterations were ratified by the National Assembly.
Comparison of the governmental structure
Most of the amendments brought by the Additional Articles focuses on the mechanism of separation of powers among central governmental organs. The Additional Articles changed the form of government from parliamentary system to semi-presidential system, enhance the implementation of direct democracy and direct election, reduce the chambers of parliament, and simplify the hierarchy of local governments.[3]
| Governmental structure | Additional Articles (2005) | Original Constitution (1947) |
|---|---|---|
| Form of government | Semi-presidential republic | Parliamentary republic |
| Head of state | The president is elected directly by the citizens of the free area (Taiwan) to a four(4)-year term, may be re-elected once. | The president is elected indirectly by the National Assembly to a six(6)-year term, may be re-elected once. |
| Head of government | The premier is appointed by the president. The Legislative Yuan may vote for motion of no confidence. | The premier is nominated by the president, and consented by the Legislative Yuan. |
| Parliament | Unicameralism: Legislative Yuan
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Tricameralism: National Assembly, Legislative Yuan, and Control Yuan
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| Judiciary | The justices are nominated by the president, with the consent of the Legislative Yuan to a eight(8)-year term. | The justices are nominated by the president, with the consent of the Control Yuan to a nine(9)-year term. |
| Local government | The provinces are streamlined. Counties and cities under provinces are subordinated directly to the central government. | Two level system: provincial Level, county Level |
Articles
The Additional Articles of the Constitution has been amended seven times since the 1990s.
| Amendment | Date ratified | Ratified by | Date effective | President | Note |
|---|---|---|---|---|---|
| 1st | April 22, 1991 | 1st National Assembly | May 1, 1991 | Lee Teng-hui | Additional Articles established |
| 2nd | May 27, 1992 | 2nd National Assembly | May 28, 1992 | Lee Teng-hui | |
| 3rd | July 28, 1994 | 2nd National Assembly | August 1, 1994 | Lee Teng-hui | |
| 4th | July 18, 1997 | 3rd National Assembly | July 21, 1997 | Lee Teng-hui | |
| 5th | September 3, 1999 | 3rd National Assembly | September 15, 1999 | Lee Teng-hui | Voided by Judicial Yuan Interpretation No. 499 |
| 6th | April 24, 2000 | 3rd National Assembly | April 25, 2000 | Lee Teng-hui | |
| 7th | June 7, 2005 | ad hoc National Assembly | June 10, 2005 | Chen Shui-bian | Currently in force |
Current Additional Articles of the Constitution contains 12 articles:
- Article 1: Referendum on amendment to the Constitution and alteration of the national territory.
- Article 2: President and the vice president.
- Article 3: Premier and the Executive Yuan.
- Article 4: Legislative Yuan.
- Article 5: Judicial Yuan.
- Article 6: Examination Yuan.
- Article 7: Control Yuan.
- Article 8: Remuneration and pay of the members of the Legislative Yuan.
- Article 9: Local governments.
- Article 10: Fundamental national policy.
- Article 11: Cross-Strait relations (rights and obligations between people of the free area and mainland China).
- Article 12: Procedure for amending the Constitution.
See also
References
External links
| Wikisource has original text related to this article: |
| Wikibooks has a book on the topic of: Annotated Republic of China Laws/Additional Articles of the Constitution of the Republic of China |
- Additional Articles of the Constitution by the Office of the President, Republic of China (Taiwan)
- English translation of the Additional Articles of the Constitution (2005 reform)
- English translation of the Constitution by the Taiwan Documents Project.
- Constitution day and constitutional government
