Annotated Republic of China Laws/Additional Articles of the Constitution of the Republic of China/Article 1

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Additional Articles of the Constitution of the Republic of China
Republic of China (Taiwan)
Article 1
The National Assembly has been frozen with most powers passed to the Legislative Yuan.

Promulgated full amendment on 1997-07-21[edit]

(From http://taiwaninfo.nat.gov.tw/fp.asp?xItem=408&CtNode=124 )

Article 1. Delegates to the National Assembly shall be elected in accordance with the following provisions, the restric tions in Article 26 and Article 135 of the Constitution notwithstanding:

1. Two delegates shall be elected from each Special Municipality and each county or city in the free area. However, where the population exceeds 100,000, one member shall be added for each additional 100,000 persons.

2. Three delegates each shall be elected from among the lowland and highland aborigines in the free area.

3. Twenty delegates shall be elected from among the citizens of the Republic of China who reside abroad.

4. Eighty delegates shall be elected from the nationwide constituency.

If the number of seats allotted to a Special Municipality, county or city under Item 1 of the preceding paragraph is not less than five and not more than ten, one of the seats shall be reserved for a female candidate; where the number exceeds ten, one seat out of each additional ten shall be reserved for a female candidate. Delegates for the seats set forth in Item 3 and Item 4 of the preceding paragraph shall be elected according to a formula for proportional representation among political parties; and for every four seats won by a political party, one seat shall be reserved for a female candidate.

The powers of the National Assembly shall be as follows, and the provisions of Article 27, Paragraph 1, Item 1 and Item 2 of the Constitution shall not apply:

1. To elect the vice president in accordance with Article 2, Paragraph 7 of the Additional Articles when the said office becomes vacant.

2. To initiate a recall of the president or vice president in accordance with Article 2, Paragraph 9 of the Additional Articles.

3. To deliberate, in accordance with Article 2, Paragraph 10 of the Additional Articles, a petition for the impeachment of the president or vice president initiated by the Legislative Yuan.

4. To amend the Constitution in accordance with Article 27, Paragraph 1, Item 3 and Article 174, Item 1 of the Constitu tion.

5. To vote, in accordance with Article 27, Paragraph 1, Item 4 and Article 174, Item 2 of the Constitution, on the constitutional amendment proposals submitted by the Legislative Yuan.

6. To confirm, in accordance with Article 5, Paragraph 1; Article 6, Paragraph 2; and Article 7, Paragraph 2 of the Additional Articles, the appointment of personnel nominated by the president.

The National Assembly shall meet in accordance with Item 1, or Item 4 through Item 6 of the preceding paragraph; or at the request of no fewer than two-fifths of its delegates through the convocation of the president. When it meets to exercise the powers prescribed in Item 2 or Item 3 of the preceding paragraph, the session shall be convoked by the speaker of the National Assembly. The provisions of Article 29 and Article 30 of the Constitution shall not apply.

When the National Assembly convenes, it may hear a report on the state of the nation by the president, discuss national affairs, and offer counsel. In the event that the National Assembly has not convened for a period of one year, the president shall convoke a meeting for the aforementioned purpose, the restrictions in Article 30 of the Constitution notwithstanding.

Delegates of the National Assembly shall be elected every four years. The provisions of Article 28, Paragraph 1 of the Constitution shall not apply.

The National Assembly shall have a speaker and a deputy speaker who shall be elected by the delegates of the Assembly from amongst themselves. The speaker shall represent the National Assembly and preside over its meetings when that body is in session.

The procedures for the exercise of powers by the National Assembly shall be determined by the Assembly itself. The provisions of Article 34 of the Constitution shall not apply.

Promulgated amendment on 1999-09-15, judicially voided on 2000-03-24[edit]

Promulgated amendment on 2000-04-25[edit]

(From http://taiwaninfo.nat.gov.tw/fp.asp?xItem=18017&CtNode=103 )

Article 1. Three hundred delegates shall be elected by proportional representation to the National Assembly within three months of the expiration of a six-month period following the public announcement of a proposal by the Legislative Yuan to amend the Constitution or alter the national territory, or within three months of a petition initiated by the Legislative Yuan for the impeachment of the president or the vice president. The restrictions of Articles 26, 28 and 135 of the Constitution shall not apply. The election of the delegates by proportional representation shall be regulated by law.

The powers of the National Assembly shall be as follows, and the provisions of Article 4; Article 27, Paragraph 1, Item 1 through 3; Article 27, Paragraph 2; and Article 174, Item 1 shall not apply:

1. To vote, in accordance with Article 27, Paragraph 1, Item 4; and Article 174, Item 2 of the Constitution, on Legislative Yuan proposals to amend the Constitution;

2. To vote, in accordance with Article 4, Paragraph 5 of the Additional Articles, on Legislative Yuan proposals to alter the national territory; and 3. To deliberate, in accordance with Article 2, Paragraph 10 of the Additional Articles, a petition for the impeachment of the president or the vice president initiated by the Legislative Yuan.

Delegates to the National Assembly shall convene of their own accord within 10 days after the election results have been confirmed and shall remain in session for no more than one month. The provisions of Articles 29 and 30 of the Constitution shall not apply.

The term of office of the delegates to the National Assembly shall terminate on the last day of the convention, and the provisions of Article 28 of the Constitution shall cease to apply. The term of office of the delegates to the Third National Assembly shall terminate on May 19, 2000. The Organic Law of the National Assembly shall be revised accordingly within two years of the adjustment of the powers and responsibilities of the National Assembly.

Promulgated amendment on 2005-06-10[edit]

(From http://law.moj.gov.tw/eng/LawClass/LawSearchNo.aspx?PC=A0000002&DF=&SNo=1 )

Article 1.

The electors of the free area of the Republic of China shall cast ballots at a referendum within three months of the expiration of a six-month period following the public announcement of a proposal passed by the Legislative Yuan on the amendment of the Constitution or alteration of the national territory. The provisions of Article 4 and Article 174 of the Constitution shall not apply.

The provisions of Articles 25 through 34 and Article 135 of the Constitution shall cease to apply.