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Introduction to the Republic of china(Taiwan)
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 Introduction

 Introduction

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Enactment and features
 

The ROC Constitution was adopted on December 25, 1946, by the National Assembly convened in Nanking. It was promulgated by the National Government on January 1, 1947, and put into effect on December 25 of the same year. In addition to the preamble, the Constitution comprises 175 articles in 14 chapters. In essence the Constitution embodies the ideal of "sovereignty of the people," guarantees human rights and freedoms, provides for a central government with five branches and a local self-government system, ensures a balanced division of powers between the central and local governments, and stipulates fundamental national policies.

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Temporary Provisions
 

In the face of the Chinese communist threat, the National Assembly on April 18, 1948, added to the Constitution a set of Temporary Provisions Effective during the Period of Communist Rebellion. Promulgated by the National Government on May 10 of the same year, the Temporary Provisions which superseded the Constitution were designed to enhance presidential power during the emergency period of communist uprising. For example, the president was empowered during the Period of Communist Rebellion to take emergency measures to avert imminent danger to the security of the nation or of the people, establish an organ for making major policy decisions concerned with national mobilization and suppression of the Communist rebellion, make adjustments in the administrative and personnel organs of the central government, and initiate regulations governing the elections for additional seats in the three parliamentary bodies. In addition, the Temporary Provisions allowed for the president and the vice president to be re-elected without being subject to the two-term restriction prescribed in Article 47 of the Constitution.

Following a radically changed domestic situation and reduced tension in the Taiwan Strait in the late 1980s, the National Assembly on April 22, 1991, resolved to abolish the Temporary Provisions with a view toward fostering the healthy development of constitutional democracy and enhancing social harmony and progress. On April 30 of the same year, President Lee Teng-hui announced that the Period of Communist Rebellion would be terminated on May 1.

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First revision
 

Notwithstanding the termination of the Period of Communist Rebellion, some of the articles in the Constitution remained inapplicable to the Taiwan area. To meet the current demands of constitutional rule before national unification, the First National Assembly, at its second extraordinary session in April 1991, adopted ten amendments to the Constitution. Promulgated by the president on May 1 of the same year, the highlights of these additional articles are: (1) to provide for regular elections for the Legislative Yuan and the National Assembly; (2) to authorize the president to issue emergency decrees to avert imminent danger to the security of the nation or of the people; (3) to stipulate that rights and obligations between people on the two sides of the Taiwan Strait may be specially regulated by law.

top
 
 
Enactment and features
 

The ROC Constitution was adopted on December 25, 1946, by the National Assembly convened in Nanking. It was promulgated by the National Government on January 1, 1947, and put into effect on December 25 of the same year. In addition to the preamble, the Constitution comprises 175 articles in 14 chapters. In essence the Constitution embodies the ideal of "sovereignty of the people," guarantees human rights and freedoms, provides for a central government with five branches and a local self-government system, ensures a balanced division of powers between the central and local governments, and stipulates fundamental national policies.

top
 
Temporary Provisions
 

In the face of the Chinese communist threat, the National Assembly on April 18, 1948, added to the Constitution a set of Temporary Provisions Effective during the Period of Communist Rebellion. Promulgated by the National Government on May 10 of the same year, the Temporary Provisions which superseded the Constitution were designed to enhance presidential power during the emergency period of communist uprising. For example, the president was empowered during the Period of Communist Rebellion to take emergency measures to avert imminent danger to the security of the nation or of the people, establish an organ for making major policy decisions concerned with national mobilization and suppression of the Communist rebellion, make adjustments in the administrative and personnel organs of the central government, and initiate regulations governing the elections for additional seats in the three parliamentary bodies. In addition, the Temporary Provisions allowed for the president and the vice president to be re-elected without being subject to the two-term restriction prescribed in Article 47 of the Constitution.

Following a radically changed domestic situation and reduced tension in the Taiwan Strait in the late 1980s, the National Assembly on April 22, 1991, resolved to abolish the Temporary Provisions with a view toward fostering the healthy development of constitutional democracy and enhancing social harmony and progress. On April 30 of the same year, President Lee Teng-hui announced that the Period of Communist Rebellion would be terminated on May 1.

top
 
First revision
 

Notwithstanding the termination of the Period of Communist Rebellion, some of the articles in the Constitution remained inapplicable to the Taiwan area. To meet the current demands of constitutional rule before national unification, the First National Assembly, at its second extraordinary session in April 1991, adopted ten amendments to the Constitution. Promulgated by the president on May 1 of the same year, the highlights of these additional articles are: (1) to provide for regular elections for the Legislative Yuan and the National Assembly; (2) to authorize the president to issue emergency decrees to avert imminent danger to the security of the nation or of the people; (3) to stipulate that rights and obligations between people on the two sides of the Taiwan Strait may be specially regulated by law.

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