Annotated Republic of China Laws/Additional Articles of the Constitution of the Republic of China/Article 4

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Additional Articles of the Constitution of the Republic of China Republic of China (Taiwan) Article 4

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Promulgated full amendment on 1997-07-21

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

Article 4. Beginning with the Fourth Legislative Yuan, the Legislative Yuan shall have 225 members, who shall be elected in accordance with the following provisions, the restrictions in Article 64 of the Constitution notwithstanding:

1. One hundred and sixty-eight members shall be elected from the Special Municipalities, counties, and cities in the free area. At least one member shall be elected in each county and city.

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

3. Eight members shall be elected from among the Chinese citizens who reside abroad.

4. Forty-one members shall be elected from the nationwide constituency.

Members 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. Where the number of seats for each Special Municipality, county, and city as set forth in Item 1, and for each political party as set forth in Item 3 and Item 4, is not less than five and not more than ten, one seat 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.

Following the dissolution of the Legislature by the president and prior to the inauguration of new members, the Legisla ture shall be regarded as in recess.

Should the president issue an emergency order after dissolving the Legislative Yuan, the Legislative Yuan shall convene of its own accord within three days and ratify the order within seven days of such session. However, should the emergency order be issued after the election of new members to the Legislative Yuan, the new members shall ratify the order after their inauguration. Should the Legislative Yuan withhold ratification, the emergency order shall forthwith cease to be valid.

Impeachment of the president or vice president by the Legislative Yuan for treason or rebellion shall be initiated upon the proposal of more than one-half of all members of the Legislative Yuan and passed by more than two-thirds of all such members, whereupon it shall be submitted to the National Assembly. The provisions of Article 90 and Article 100 of the Constitution and Article 7, Paragraph 1 of the Additional Articles of the Constitution shall not apply.

No member of the Legislative Yuan may, except in case of flagrante delicto, be arrested or detained without the permis sion of the Legislative Yuan when that body is in session. The provisions of Article 74 of the Constitution shall cease to apply.

Promulgated amendment on 2000-04-25

(From http://taiwaninfo.nat.gov.tw/ct.asp?xItem=18030&CtNode=103&htx_TRCategory=&mp=4 )

Article 4. Beginning with the Fourth Legislative Yuan, the Legislative Yuan shall have 225 members, who shall be elected in accordance with the following provisions, the restrictions in Article 64 of the Constitution notwithstanding:

1. One hundred sixty-eight members shall be elected from the special municipalities, counties and cities in the free area. At least one member shall be elected from each county and city.

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

3. Eight members shall be elected from among the Republic of China citizens who reside abroad.

4. Forty-one members shall be elected from the nationwide constituency.

Members 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. Where the number of seats for each special municipality, county and city as set forth in Item 1, and for each political party as set forth in Item 3 and Item 4, is not fewer than five and not more than 10, one seat shall be reserved for a female member. Where the number exceeds 10, one seat out of each additional 10 shall be reserved for a female member.

When the Legislative Yuan convenes each year, it may hear a report on the state of the nation by the president of the republic.

Subsequent to the dissolution of the Legislative Yuan by the president and prior to the inauguration of its new members, the Legislative Yuan shall be regarded as in recess.

The territory of the Republic of China, defined by its existing national boundaries, shall not be altered unless initiated upon the proposal of one-fourth of all members of the Legislative Yuan, passed by three-fourths of the members of the Legislative Yuan present at a meeting requiring a quorum of three-fourths of all the members, and approved by three-fourths of the delegates to the National Assembly present at a meeting requiring a quorum of two-thirds of all the delegates.

Should the president issue an emergency decree after dissolving the Legislative Yuan, the Legislative Yuan shall convene of its own accord within three days to vote on the ratification of the decree within seven days after the session begins. However, should the emergency decree be issued after the election of new members of the Legislative Yuan, the new members shall vote on the ratification of the decree after their inauguration. Should the Legislative Yuan withhold ratification, the emergency decree shall forthwith be void.

Impeachment of the president or the vice president by the Legislative Yuan shall be initiated upon the proposal of more than one-half of all members of the Legislative Yuan and passed by more than two-thirds of all the members of the Legislative Yuan, whereupon it shall be submitted to the National Assembly. The provisions of Article 90 and Article 100 of the Constitution and Article 7, Paragraph 1 of the Additional Articles of the Constitution shall not apply.

No member of the Legislative Yuan may be arrested or detained without the permission of the Legislative Yuan when that body is in session except in case of flagrante delicto. The provisions of Article 74 of the Constitution shall cease to apply.

Promulgated amendment on 2005-06-10

(From https://web.archive.org/web/20060712040715/http://www.gio.gov.tw/info/news/additional.htm )

Article 4.

Beginning with the Seventh Legislative Yuan, the Legislative Yuan shall have 113 members, who shall serve a term of four years, which is renewable after re-election. The election of members of the Legislative Yuan shall be completed within three months prior to the expiration of each term, in accordance with the following provisions, the restrictions in Article 64 and Article 65 of the Constitution notwithstanding:

1. Seventy-three members shall be elected from the Special Municipalities, counties, and cities in the free area. At least one member shall be elected from each county and city.
2. Three members each shall be elected from among the lowland and highland aborigines in the free area.
3. A total of thirty-four members shall be elected from the nationwide constituency and among citizens residing abroad.

Members for the seats set forth in Subparagraph 1 of the preceding paragraph shall be elected in proportion to the population of each Special Municipality, county, or city, which shall be divided into electoral constituencies equal in number to the number of members to be elected. Members for the seats set forth in Subparagraph 3 shall be elected from the lists of political parties in proportion to the number of votes won by each party that obtains at least 5 percent of the total vote, and the number of elected female members on each party's list shall not be less than one-half of the total number.

When the Legislative Yuan convenes each year, it may hear a report on the state of the nation by the president.

Following the dissolution of the Legislative Yuan by the president and prior to the inauguration of its new members, the Legislative Yuan shall be regarded as in recess.

The territory of the Republic of China, defined by its existing national boundaries, shall not be altered unless initiated upon the proposal of one-fourth of the total members of the Legislative Yuan, passed by at least three-fourths of the members present at a meeting attended by at least three-fourths of the total members of the Legislative Yuan, and sanctioned by electors in the free area of the Republic of China at a referendum held upon expiration of a six-month period of public announcement of the proposal, wherein the number of valid votes in favor exceeds one-half of the total number of electors.

Should the president issue an emergency decree after dissolving the Legislative Yuan, the Legislative Yuan shall convene of its own accord within three days to vote on the ratification of the decree within seven days after the session begins. However, should the emergency decree be issued after the election of new members of the Legislative Yuan, the new members shall vote on the ratification of the decree after their inauguration. Should the Legislative Yuan withhold ratification, the emergency decree shall forthwith be void.

Impeachment of the president or the vice president by the Legislative Yuan shall be initiated upon the proposal of more than one-half of the total members of the Legislative Yuan and passed by more than two-thirds of the total members of the Legislative Yuan, whereupon it shall be presented to the grand justices of the Judicial Yuan for adjudication. The provisions of Article 90 and Article 100 of the Constitution and Article 7, Paragraph 1 of the Additional Articles of the Constitution shall not apply.

No member of the Legislative Yuan may be arrested or detained without the permission of the Legislative Yuan, when that body is in session, except in case of flagrante delicto. The provisions of Article 74 of the Constitution shall cease to apply.