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Topic: Council of Grand Justices

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	The China Post
		The Council of Grand Justices has ruled that the political-party-based selection of members to the newly established National Communications Commission (NCC) is unconstitutional because it denies the premier the power of personnel appointments.
		The council, handing down its ruling yesterday, said having parties fill the NCC seats in proportion to their representation in parliament violates the principles of division of power and that of political accountability.
		The grand justices were referring to Article Four of the NCC law, which allowed political parties to select members to the media watchdog earlier this year for a three-year term.
	www.chinapost.com.tw /p_detail.asp?id=86354&GRP=A&onNews= (743 words)

	Independence of grand justices (Site not responding. Last check: 2007-11-04)
		All grand justices are appointed by the president, subject to confirmation by the Legislative Yuan.
		Now the grand justices are being asked to give the man who gave them their job permanent immunity from prosecution regardless of what wrong he may have done while in office.
		The lawmakers of the ruling party want the grand justices to explain whether the president “shall not …be liable to criminal prosecution” after he is “relieved of his functions” and whether his immunity from prosecution shields him against criminal investigation and subpoena for appearance in court to give testimony.
	www.npf.org.tw /PUBLICATION/NS/095/NS-C-095-437.htm (422 words)

	1996 Human Rights Report
		In December 1995, the Council of Grand Justices ruled (Ruling 392) that the power of issuing a writ of detention lies only with judges, barring prosecutors from using this method; however, a two year grace period was ordered, during which prosecutors have made even more frequent use of this.
		The "hoodlum law," which gave wide discretionary powers to police in cases of "hoodlumism" (deliberately left vague) was struck down by the Grand Justices in July 1995, but the grace period extends to the end of this year, and police have made increasing use of the provisions in the final months.
		The ineffectiveness of the military justice system is thrown into relief by the large number of cases of injury and death which are never properly investigated or prosecuted.
	www.tahr.org.tw /site/data/report96/96rpteng.html (3183 words)

	Dignity, Respect & FreedomHuman Rights in Taiwan (Site not responding. Last check: 2007-11-04)
		The Council of Grand Justices has ruled that a Civil Code article which gives fathers priority in deciding issues related to their children is "unconstitutional." The landmark ruling by the grand justices is expected to have a major influence on issues concerning sexual equality in Taiwan.
		In addition, justices ruled that 1089 was also in violation of Article 9 of the Additional Articles of the Constitution, which calls for the protection of the dignity of women and the elimination of sexual discrimination.
		They also urged the grand justices not to make any new rulings that go against equality between the sexes in the two years before the article is made void.
	www.roc-taiwan.org.sg /taiwan/5-gp/rights/society_02.htm (932 words)

	Taiwan JUDICIAL SYSTEM
		They, together with 15 grand justices, form the Council of Grand Justices, which is charged with the power and responsibility of interpreting the constitution, laws, and ordinances.
		The judicial system is based on the principle of three trials in three grades of courts: district court, high court, and supreme court.
		Staffed by the then-16 grand justices of the judicial yuan, but with the judicial yuan excluded from the court, the new court was charged with resolving constitutional disputes, regulating the activities of political parties and accelerating the democratization process.
	www.nationsencyclopedia.com /Asia-and-Oceania/Taiwan-JUDICIAL-SYSTEM.html (299 words)

	Taiwan Headlines (Site not responding. Last check: 2007-11-04)
		On the president's state secret privilege, the discussion centered on which similar privileges in the United States, France and Germany might be used by the grand justices in deciding whether or not to accept the request for a constitutional interpretation.
		Each of the five scholars was given 20 minutes to express his views then the grand justices and the scholars engaged in a question-and-answer session.
		Presidential Office Deputy Secretary-General Cho Jung-tai (卓榮泰) filed the interpretation request with the Council of Grand Justices on January 25 on behalf of President Chen in the hope of clarifying the constitutionality of the court proceedings on the state affairs fund case.
	www.taiwanheadlines.gov.tw /ct.asp?xItem=63279&CtNode=39 (379 words)

	Taipei Times - archives
		While it is widely expected that the Council of Grand Justices will decide today on the Executive Yuan's decision to scrap the Fourth Nuclear Power Plant, the council is still struggling to gain the needed support to rule the decision unconstitutional, sources close to the grand justices say.
		The grand justices seem to agree that the Executive Yuan, as the highest administrative organ of the state, does have the power to adjust major policies when necessary, the source said.
		The grand justices tend to believe that the Executive Yuan's procedure, in which they decided to scrap the nuclear power plant without reporting it to the Legislative Yuan, was inappropriate and had violated the Constitution, he said.
	www.taipeitimes.com /News/front/archives/2001/01/12/69422/print (607 words)

	Constitution of the Republic of China (Site not responding. Last check: 2007-11-04)
		The 15 grand justices, including a president and a vice president of the Judicial Yuan to be selected from amongst them, shall be nominated and, with the consent of the Legislative Yuan, appointed by the president of the Republic.
		Among the grand justices nominated by the president in the year 2003, eight members, including the president and the vice president of the Judicial Yuan, shall serve for four years.
		The grand justices of the Judicial Yuan shall, in addition to discharging their duties in accordance with Article 78 of the Constitution, form a Constitutional Court to adjudicate matters relating to the impeachment of the president or the vice president, and the dissolution of unconstitutional political parties.
	www.gio.gov.tw /info/news/additional.htm (3169 words)

	041015chnPost
		Thirteen members of the Council of Grand Justices of the Judicial Yuan jointly held the hearing on a petition for a temporary injunction to stop the formation of the Truth Investigation Commission as ratified by lawmakers.
		When the Council of Grand Justices decided to take hasty action on the issue, it must pass down a verdict within a period of two months.
		Su said one more Grand Justice, who had contacted him to lobby for his ballot on behalf of the government, was sitting at the hearing yesterday.
	www.geocities.com /moreabouttaiwan/041015chnPost.html (776 words)

	Taiwan
		With respect to the qualifications of Grand Justices, both the amendatory Additional Articles of the Constitution and the Organic Law of Judicial Yuan indicate that they shall be nominated by the President and approved by the Legislative Yuan.
		Grand Justices generally are prestigious scholars in legal fields, senior judges or prosecutors, lawyers, or legislators.
		The function of the Council is to interpret the Constitution and unify the interpretation of laws and ordinances; it meets regularly and may hold oral proceedings when necessary.
	www.loc.gov /law/glin/taiwan.html (1765 words)

	Politics in Taiwan
		The grand justices are appointed by the ROC president and confirmed by the Legislative Yuan.
		The party's highest policy-making body is its National Council, which consists of current or former office-holders in the executive or legislative branches of the government, current or former party officials, and representatives from different sectors of society.
		As for the elections for the 52 seat Taipei City Council, the KMT retained its position as the largest party with 20 seats (38.5 percent), followed by the DPP with 17 seats (32.7 percent), the PFP with eight seats (15.4 percent), the NP with five seats (9.6 percent), and two seats for independents.
	www.asianinfo.org /asianinfo/taiwan/pro-politics.htm (3925 words)

	The Judicial Yuan
		The grand justices are now nominated and appointed by the President of the Republic, with the consent of the Legislative Yuan.
		Among the grand justices nominated by the President in 2003, eight members, including the president and the vice president of the Judicial Yuan, will serve for four years, and the remaining grand justices for eight years.
		The Council of Grand Justices interprets the Constitution and unifies the interpretation of laws and ordinances.
	www.taiwan.com.au /Polieco/Government/Judicial/report01.html (1941 words)

	Taiwan
		Restrictions on freedom of association were eliminated in April when the Council of Grand Justices invalidated the restrictions on using the word Taiwan in the names of organizations.
		A 1998 Council of Grand Justices decision invalidated a statute prohibiting the advocacy of communism or the division of national territory, which previously had circumscribed these rights formally, although the statute's provisions were not enforced in practice.
		However, the Council of Labor Affairs (CLA) denied the legitimacy of that federation in the absence of an amendment to the Labor Union Law.
	www.state.gov /g/drl/rls/hrrpt/1999/286.htm (8284 words)

	CNA-042400
		That amendment, which flew in the face of public opinion, was struck down as unconstitutional in a ruling by the Council of Grand Justices in March, 2000.
		The NA also voted to lift the lifetime payment system for the grand justices, which was widely considered as tit-for-tat retaliation against the Grand Justices Council's ruling.
		Under the amendment, grand justices, unless they are already common judges, will be excluded from the common judges' right to lifetime salary after their eight-year term expires.
	www.taiwansecurity.org /CNA/CNA-042400.htm (706 words)

	China Post - 英文報 , Taiwan , News , Taiwan newspaper (Site not responding. Last check: 2007-11-04)
		The ruling Democratic Progressive Party is mulling the issue of whether to ask the Council of Grand Justices to judge the constitutionality of prosecutors questioning President Chen Shui-bian over alleged corruption.
		Ker yesterday stressed that seeking grand justices ruling is his personal opinion, which he has not yet discussed with the party leaders or other DPP legislative caucus officials.
		Justice Minister Shih Mao-lin said the constitution protects everyone's freedom of speech, and if anyone requests the grand justices look at Article 52, the case will proceed according to the law.
	www.chinapost.com.tw /detail.asp?ID=94962&GRP=A (720 words)

	Taiwan Government Information
		The first National Assembly, elected on the mainland in 1947 to carry out the duties of choosing the President and amending the constitution, was re-established on Taiwan when the KMT moved.
		Because it was impossible to hold subsequent elections to represent constituencies on the mainland, representatives elected in 1947-48 held these seats "indefinitely." In June l990, however, the Council of Grand Justices mandated the retirement, effective December 1991, of all remaining "indefinitely" elected members of the National Assembly and other bodies.
		Grand Justices are appointed by the president, with the consent of the National Assembly, to 9-year terms.
	www.traveldocs.com /tw/govern.htm (2695 words)

	Recall Crisis
		The Cabinet stressed that the justices' verdict does not clearly specify that the executive branch violated the constitution, while the Presidential Office lauded the constitutional interpretation as setting an excellent example for settling policy disputes between the executive and legislative branches.
		The council ruled that the Executive Yuan's decision to scrap the partially completed nuclear plant was "a reversal of major national policy" which should have required Premier Chang Chun-hsiung to report to the Legislative Yuan in advance and field questions from lawmakers.
		During the closed-door hearing for the Grand Justices, three legislators argued that Premier Chang Chun-hsiung violated the constitution when he decided to cancel the US$5.4 billion project, which was approved by the legislature and was one-third complete.
	taiwansecurity.org /TSR-Recall.htm (1895 words)

	China (Taiwan only)
		In March the Council of Grand Justices declared the 1985 Antihoodlum Law to be unconstitutional.
		In December the Council of Grand Justices ruled that the Police Administration Law (PAL), which had been used to give police wide discretion in searching persons in public places and stopping vehicles for inspections, did not entitle police to make such searches unless a clear risk to public safety had been established.
		The Ministry of Justice maintains that there are fewer applications for wiretaps under the law because of the tighter regulations in force.
	www.state.gov /g/drl/rls/hrrpt/2001/eap/8294.htm (8865 words)

	Politics of Taiwan : Politics of the Republic of China
		The National Assembly, elected on the mainland in 1947 to carry out the duties of choosing the president and amending the constitution was re-established on Taiwan when the government moved.
		Because it was impossible to hold subsequent elections to represent constituencies on the mainland, representatives elected in 1947-48 held these seats "indefinitely." In June l990, however, the Council of Grand Justices mandated the retirement, effective December 1991, of all remaining "indefinitely" elected members of the National Assembly, Legislative Yuan, and other bodies.
		Grand Justices are appointed by the President, with the consent of the Legislative Yuan, to 9-year terms.
	www.fastload.org /po/Politics_of_the_Republic_of_China.html (2891 words)

	Politics (Site not responding. Last check: 2007-11-04)
		The first National Assembly, elected on the mainland in 1947 to carry out the duties of choosing the president and amending the constitution, was re-established on Taiwan when the KMT moved.
		Because it was impossible to hold subsequent elections to represent constituencies on the mainland, representatives elected in 1947-48 held these seats "indefinitely." In June l990, however, the Council of Grand Justices mandated the retirement, effective December 1991, of all remaining "indefinitely" elected members of the National Assembly and other bodies.
		Grand Justices are appointed by the President, with the consent of the National Assembly, to 9-year terms.
	www.n2geo.org /countries/politics.php?country_id=73 (2248 words)

	Asia Times: China
		TAIPEI - In Taiwan the confirmation by the legislature of members of the Council of Grand Justices, the Control Yuan - a government watchdog body - and the head of the Examination Yuan, the agency that runs the country's civil service, is seldom if ever controversial.
		That is until this year, with the knife-edge balance of power between the two rival blocks in the legislature and the visceral loathing between the opposition parties and the Democratic Progressive Party-controlled government.
		Votes for grand justices and Control Yuan members were worth up to NT$5 million per vote, while votes for Yao could fetch NT$10 million.
	www.atimes.com /china/DF29Ad01.html (1681 words)

	Taiwan - Printer-friendly - MSN Encarta
		The Judicial Yuan runs Taiwan’s court system and is responsible for civil, criminal, and administrative cases, as well as cases concerning the disciplining of public officials.
		The Judicial Yuan consists of a president, a vice president, and a 15-member Council of Grand Justices.
		Below the Judicial Yuan are the Supreme Court, the high courts, the district courts, the Administrative Court, and the Committee on the Discipline of Public Functionaries.
	encarta.msn.com /text_761577607___27/Taiwan.html (960 words)

	A Call to Organize A Grand Council of the State Militias
		When the Pendragon of the Grand Council of the State Militias is tried, the Chief Justice of the Grand Council of the State Militias shall preside: And no Person shall be convicted without the Concurrence of all of the Members present.
		The Grand Council may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the united States.
		The Judicial Power of the Grand Council of the State Militias shall be vested in one supreme Court, which shall consist of twelve Chief Justices, and in such inferior Courts as the Grand Council may from time to time ordain and establish.
	www.independentamericans.org /GrandCouncil.html (5211 words)

	Celebrating 93rd Double Tenth National Day - Republic of China(Taiwan) (Site not responding. Last check: 2007-11-04)
		According to Article 58 of the Constitution, the council evaluates statutory and budgetary bills and bills concerning martial law, amnesty, declarations of war, conclusion of peace or treaties, and other important affairs, which are to be submitted to the Legislature, as well as matters of common concern to the various ministries and commissions.
		The grand justices are nominated and appointed by the President of the Republic, with the consent of the Legislative Yuan.
		Among the grand justices to be nominated by the President in the year 2003, eight members, including the president and the vice president of the Judicial Yuan, will serve for four years.
	www.bruneidirect.com /New_bizcentre/BR/new_clients/taiwan/government.html (8278 words)

	China Post - Commentary,Editorial,評論,社論 (Site not responding. Last check: 2007-11-04)
		In fact, the Council of Grand Justices has already issued an interpretation of the ROC Constitution dealing with the president's immunity from prosecution.
		According to the council's Circular 392, the meaning of "criminal prosecution" in the context of Article 52 of the ROC Constitution is not related to the legal process of "conducting a criminal investigation" by a prosecutor.
		Since the Council of Grand Justices has already stated that the president himself may be called into court for questioning, it is clear to see that the president's spouse cannot invoke Article 52 to avoid appearing in court.
	www.chinapost.com.tw /news/archives/editorial/20061218/97757.htm (774 words)

	Chen Shui-bian
		He has stated that it was during this period that he realized the unfairness of the political system in Taiwan and became politically active as a member of the Tangwai movement.
		Chen won a seat in the Taipei City Council as a Tangwai candidate in 1981 and served until 1985.
		The Council of Grand Justices intervened and declared that it was the legislature and not the cabinet that had the power to decide on the issue.
	www.brainyencyclopedia.com /encyclopedia/c/ch/chen_shui_bian.html (2929 words)

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