The Constitution and Human Rights Law of Taiwan




1 constitution , human rights

1.1 preamble of constitution
1.2 basic rights guaranteed constitution
1.3 legal relations between taiwan , mainland china under constitution
1.4 referendum





the constitution , human rights

the roc constitution adopted on december 25, 1946, national assembly convened in nanjing. promulgated national government on january 1, 1947, , put effect on december 25 of same year. in addition preamble, constitution comprises 175 articles in 14 chapters. in essence constitution embodies ideal of sovereignty of people, guarantees human rights , freedoms, provides central government 5 branches , local self-government system, ensures balanced division of powers between central , local governments, , stipulates fundamental national policies.


the preamble of constitution

the national assembly of republic of china, virtue of mandate received whole body of citizens, in accordance teachings bequeathed dr. sun yat-sen in founding republic of china, , in order consolidate authority of state, safeguard rights of people, ensure social tranquility, , promote welfare of people, hereby establish constitution, promulgated throughout country faithful , perpetual observance all.


some basic rights guaranteed constitution

the constitution states republic of china, founded on 3 principles of people, shall democratic republic of people, governed people , people , sovereignty of republic of china shall reside in whole body of citizens (articles 1–2).


the constitution states people shall have freedom of residence , of change of residence, freedom of speech, teaching, writing , publication, freedom of privacy of correspondence, freedom of religious belief, , freedom of assembly , association (articles 10–14). constitution further states people shall have right of existence, right work , right of property, right of presenting petitions, lodging complaints, or instituting legal proceedings, right of election, recall, initiative , referendum, , right of taking public examinations , of holding public offices (articles 15–18). people shall have duty of paying taxes in accordance law, duty of performing military service in accordance law, , have right , duty of receiving citizens education (articles 19–21).


the legal relations between taiwan , mainland china under constitution

article 11 of additional articles of constitution of republic of china states rights , obligations between people of chinese mainland area , of free area, , disposition of other related affairs may specified law.


referendum

article 1 of additional articles of constitution of republic of china states electors of free area of republic of china shall cast ballots @ referendum within 3 months of expiration of six-month period following public announcement of proposal passed legislative yuan on amendment of constitution or alteration of national territory.








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