Preamble:
The Constitution of the Republic of China (ROC), also known as the ROC constitution, is the fundamental law of the ROC. It was initially enacted on December 25, 1946, and has undergone several amendments over the years. The constitution sets out the structure and principles of the government, defines the rights and obligations of citizens, and outlines the overall governance framework for Taiwan and the other areas under the ROC's control.
Key Features:
Sovereignty: The constitution affirms the sovereignty of the ROC and its jurisdiction over mainland China and its outlying territories, including Taiwan.
Five-Power Structure: The constitution adopts the "Five-Power Structure" of government, which consists of five branches: the Executive Yuan (equivalent to the executive branch), the Legislative Yuan (legislature), the Judicial Yuan (judicial branch), the Control Yuan (audit and supervisory body), and the Examination Yuan (civil service examination and personnel management).
Rights and Freedoms: The constitution guarantees various fundamental rights and freedoms for citizens, including freedom of speech, religion, assembly, and association. These rights are protected and upheld by the Constitution Court, which is responsible for interpreting and adjudicating constitutional matters.
Popular Sovereignty: The constitution places emphasis on popular sovereignty, recognizing that all political power originates with the people. This is reflected in regular elections, where citizens exercise their right to vote and choose their representatives in government bodies.
Three Principles of the People: The constitution's preamble incorporates the "Three Principles of the People" as the ideological foundation of the ROC. These principles, articulated by Sun Yat-sen, the founding father of the Republic of China, include nationalism, democracy, and social welfare.
Provisional Provisions: The constitution includes a set of provisional provisions, also known as the Temporary Provisions Effective During the Period of Communist Rebellion, which were initially adopted during a time of conflict with the Chinese Communist Party (CCP). These provisions allowed the ROC government to take extraordinary measures to maintain national security and public order.
Transition from Authoritarian to Democratic Rule: The ROC constitution has undergone significant amendments and revisions over the years, particularly during the late 1980s and 1990s, as Taiwan transitioned from an authoritarian regime to a fully democratic system of governance.
The ROC constitution serves as a framework for the governance of Taiwan and guides the functioning of its political institutions, ensuring a balance of power, upholding citizens' rights, and fostering democratic practices within the Republic of China.