Judicial Yuan in the context of "Legislative Yuan"

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⭐ Core Definition: Judicial Yuan

The Judicial Yuan (Chinese: 司法院; pinyin: Sīfǎ Yuàn; Pe̍h-ōe-jī: Su-hoat Īⁿ) is the judicial branch of the Republic of China, which previously ruled the mainland and now controls Taiwan. It functions as the Constitutional Court and oversees the courts of Taiwan, including the ordinary courts such as the Supreme Court, high courts, and district courts as well as special courts like administrative, and disciplinary courts. The Judicial Yuan holds the following powers:

  • Interpretation – Acting as the Constitutional Court to interpret the Constitution and other statutes and regulations made by the central or local government.
  • Adjudication – Most civil, criminal, and administrative cases are adjudicated by the respective courts supervised by the Judicial Yuan. The Constitutional Court adjudicate presidential impeachment and political party dissolution cases.
  • Discipline – Disciplinary measures with respect to public functionaries are adjudicated by the Disciplinary court.
  • Judicial Administration – The Judicial Yuan supervises administrative affairs of all courts established by Taiwanese law.

According to the current Constitution, the Constitutional Court consists of fifteen justices. One justice acts as the president of the court, and another acts as the vice president. All justices, including the president and vice president, are appointed by the president of the Republic with the consent of the Legislative Yuan. Upon appointment justices have a term limit of eight years, but this term limit does not apply to the president and vice president.

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Judicial Yuan in the context of Government of the Republic of China

The Government of the Republic of China is the national authority whose actual-controlled territory consists of main island of Taiwan (Formosa), Penghu, Kinmen, Matsu, and other island groups, collectively known as Taiwan Area or Free Area. A unitary state, the ROC government, under the current constitutional amendments, is run by a de facto semi-presidential system, consists of the presidency and five branches (Yuan): the Executive Yuan, Legislative Yuan, Judicial Yuan, Examination Yuan, and Control Yuan. The president is the head of state, with the premier as the head of government, currently ruled by the Democratic Progressive Party (DPP) since 2016. Since the 2005 amendments of the Additional Articles of the Constitution, the Legislative Yuan has been the de facto unicameral parliamentary body of the country.

Originally established in 1912 in Nanjing, the Government of the Republic of China relocated several times before finally moving to Taipei, Taiwan, in 1949 because of its military losses in the Chinese Civil War. Up until the 1990s, the government has historically been dominated by the Kuomintang (KMT) under the one-party state Dang Guo authoritarian regime, before evolving into a multi-party democracy after martial law and the climate of White Terror gradually ended. This government was the internationally recognized official government of China until 1971 by the United Nations and until 1979 by the United States.

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Judicial Yuan in the context of Politics of the Republic of China

Taiwan, officially the Republic of China (ROC), is governed in a framework of a representative democratic republic under a five-power system first envisioned by Sun Yat-sen in 1906, whereby under the constitutional amendments, the President is head of state and the Premier (formally president of the Executive Yuan) is head of government, and of a multi-party system. Executive power is exercised by the Executive Yuan. Legislative power is vested primarily in the Legislative Yuan. Taiwan's judiciary is independent of the executive and the legislature. In addition, the Examination Yuan is in charge of validating the qualification of civil servants, and the Control Yuan inspects, reviews, and audits the policies and operations of the government.

The party system is currently dominated by two major parties: the Kuomintang (KMT), which broadly favors maintaining the constitutional framework of the Republic of China Constitution and economic cooperation with mainland China, and the Democratic Progressive Party (DPP), which broadly favors de jure Taiwanese independence, and the eventual abolition of the ROC Constitution in favor of creating a "Taiwanese Republic."

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