Annotated Republic of China Case Law/Judicial Yuan Interpretation No. 1

Judicial Yuan Interpretation No. 1

Date

6 January 1949

Issue

A Member of the Legislative Yuan still remains so upon entering a government post? Because of a Legislator entering a government post, official petitions would be sent to the Judicial Yuan for constitutional interpretation.

Holding

No Member of the Legislative Yuan shall concurrently hold a government post per Article 75 of the Constitution of the Republic of China. Entering a government post shall resign as a Member of the Legislative Yuan. Entering a government post without resignation clearly shows discontinuing the Membership of the Legislative Yuan and shall be deemed to resign upon entering a government post.

Effect

Hereafter the membership of the Legislative Yuan will be automatically lost upon entering a government post. This is similar to certain countries automatically removing citizenship and nationality upon voluntarily becoming foreign citizens and nationals.

References

Translation by Robert Huai-Ching Tsai
Constitution of the Republic of China, Article 75 (1947-12-25)