The Constitution of the Republic of China ( Chin. 中華民國 憲法 ) is the fundamental law of the partially recognized Republic of China , which since 1949 has governed the “ Free Territory of the Republic of China, ” which de facto includes the island of Taiwan and some nearby small islands, territories that were not lost by the Kuomintang during the Chinese Civil War against the Chinese Communists . The Basic Law was adopted by the National Constituent Assembly on December 25, 1946 and entered into force on December 25, 1947, at a time when the Republic of China still had nominal control over mainland China. This made China (with a population of about 450 million people at that time) the largest "paper democracy " in the world. The latest constitutional amendments were adopted in 2004. [one]
| Constitution of the Republic of China | |
|---|---|
| 中華民國 憲法 | |
 First page of the original text of the Constitution | |
| Branch of law | Constitutional law |
| View | Constitution |
| Adoption | December 25, 1946 |
| Entry into force | December 25, 1947 |
| Loss of strength | October 1, 1949 ( Continental China ) |
Compiled by the Kuomintang as part of the third stage of national development ( representative democracy ), the constitution created a centralized republic with five branches of government. Although the law was intended for the whole of China, it was never effectively implemented, since at that time the Kuomintang was already completely drawn into the civil war with the Chinese Communist Party.
After the Kuomintang retreated to Taiwan in 1949, “Temporary provisions for the period of the period of the communist uprising” were additionally adopted, which gave the government of the ruling party unconstitutional powers. Despite the Constitution, Taiwan remained an authoritarian one-party state . Democratization began in the 1980s. Martial law was abolished in 1987, and temporary provisions were abolished in 1991 and the Constitution was amended to reflect the loss of mainland China by the government, and the Constitution finally formed the foundations of multi-party democracy.
In the 1990s and early 2000s, proponents of " Taiwan Independence " advocated the adoption of a new Taiwanese constitution. [2] [3] [4] However, the attempts of the leaders of the Democratic Progressive Party to create a new Constitution during the second term of the president (from the Democratic Progressive Party) Chen Shui-bian failed, mainly because at that time the Kuomintang opposition party controlled the Legislative Yuan . [5] [6] It was decided to reform the Constitution of the Republic of China, rather than create a new one. Amendments to the Constitution were proposed on August 26, 2004 and ratified by the president on June 10, 2005, with the consent of both parties. [one]
Notes
- ↑ 1 2 Constitution of the Republic of China (Taiwan) - Seventh revision . Office of the President, Republic of China (Taiwan). Date of treatment February 26, 2015.
- ↑ Chang, Yun-ping . Lee launches constitution campaign (July 2, 2004).
- ↑ Ko, Shu-ling . Group pushes new constitution , Taipei Times (March 19, 2007).
- ↑ Wu, Ming-chi . US, EU apt constitutional models , Taipei Times (October 28, 2003).
- ↑ Wu, Sofia New Constitution plan not independence timetable: Presidential Office . Global Security (April 22, 2004).
- ↑ Chang, Yun-ping . DPP, KMT agree to debate between Chen and Lien , Taipei Times (November 21, 2003).
Links
- Main Text of the Constitution of the Republic of China (Taiwan) . Office of the President, Republic of China (Taiwan). Date of treatment February 26, 2015.