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
JurisdictionFree area of the Republic of China
RatifiedApril 22, 1991
Date effectiveMay 1, 1991
SystemUnitary semi-presidential republic
BranchesFive (Executive, Legislative, Judicial, Examination, Control)
Head of statePresident
ChambersUnicameral
(Legislative Yuan)
ExecutiveExecutive Yuan
led by the Premier
JudiciaryJudicial Yuan
FederalismUnitary
Electoral collegeNo
First legislatureJanuary 1, 1992 (NA)
February 1, 1993 (LY)
Amendments7
Last amendedJune 10, 2005
Commissioned byNational Assembly
Signatories438 of the 445 remaining delegates elected in 1947, in Taipei
SupersedesMost articles of the original Constitution of the Republic of China
Additional Articles of
the Constitution of
the Republic of China
Traditional Chinese中華民國憲法
增修條文
Simplified Chinese中华民国宪法
增修条文

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 structureAdditional Articles (2005)Original Constitution (1947)
Form of governmentSemi-presidential republicParliamentary republic
Head of stateThe 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 governmentThe 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.
ParliamentUnicameralism: Legislative Yuan
  • Members of the Legislative Yuan are elected directly by the citizens of the free area (Taiwan) to a four(4)-year term.
Tricameralism: National Assembly, Legislative Yuan, and Control Yuan
  • Delegates of the National Assembly are elected directly by the citizens to a six(6)-year term.
  • Members of the Legislative Yuan are elected directly by the citizens to a three(3)-year term.
  • Members of the Control Yuan are elected indirectly by provincial legislators to a six(6)-year term.
JudiciaryThe 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 governmentThe 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.

AmendmentDate ratifiedRatified byDate effectivePresidentNote
1stApril 22, 19911st National AssemblyMay 1, 1991Lee Teng-huiAdditional Articles established
2ndMay 27, 19922nd National AssemblyMay 28, 1992Lee Teng-hui
3rdJuly 28, 19942nd National AssemblyAugust 1, 1994Lee Teng-hui
4thJuly 18, 19973rd National AssemblyJuly 21, 1997Lee Teng-hui
5thSeptember 3, 19993rd National AssemblySeptember 15, 1999Lee Teng-huiVoided by Judicial Yuan Interpretation No. 499
6thApril 24, 20003rd National AssemblyApril 25, 2000Lee Teng-hui
7thJune 7, 2005ad hoc National AssemblyJune 10, 2005Chen Shui-bianCurrently in force

Current Additional Articles of the Constitution contains 12 articles:

See also

References

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