Interpretation of Statutes at Taiwan
Here’s an overview of Interpretation of Statutes in Taiwan, focusing on the legal framework and principles guiding statutory interpretation:
⚖️ Interpretation of Statutes in Taiwan
1. Legal System Context
Taiwan follows a civil law system heavily influenced by German and Japanese legal traditions.
The Constitution of the Republic of China (ROC) is the supreme law.
Laws are codified in various codes, including the Civil Code, Criminal Code, and other statutes.
2. Legal Framework for Interpretation
The Statute for the Organization of the Judicial Yuan and other relevant laws provide the framework for judicial interpretation.
The Judicial Yuan Interpretation mechanism is a unique feature: the Constitutional Court (Judicial Yuan) issues binding interpretations of the Constitution and laws.
Regular courts apply statutory interpretation principles based on the civil law tradition.
3. Principles of Statutory Interpretation
Literal (Grammatical) Interpretation:
Starting point is the ordinary meaning of the statute’s language.
Systematic Interpretation:
Laws are interpreted in harmony with the entire legal system, including related statutes.
Teleological (Purposive) Interpretation:
Courts consider the purpose and intent behind the statute.
Historical Interpretation:
Legislative history and preparatory materials can be consulted for ambiguous provisions.
Constitutional Compatibility:
Statutes must be interpreted in accordance with the ROC Constitution and fundamental rights.
4. Judicial Practice
The Judicial Yuan’s Constitutional Court has the power to issue binding interpretations of statutes and constitutional provisions.
These interpretations are authoritative and binding on all courts and public authorities.
Ordinary courts follow these interpretations when applying laws.
5. Constitutional Supremacy
The ROC Constitution is the supreme law.
Any law inconsistent with the Constitution can be invalidated through Judicial Yuan interpretation.
Summary
Taiwan’s statutory interpretation is grounded in a civil law tradition with a strong emphasis on constitutional review through the Judicial Yuan’s interpretation mechanism, balancing literal, systematic, purposive, and historical approaches under constitutional supremacy.
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