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Washington Law Review

Chi-Yu Wu

Abstract

China's new Constitution was passed in the Constituent National Assembly on December 25, 1946, and formally promulgated on January 1, 1947 According to the attached Procedural Articles, the first step in enforcing the Constitution is the amending and revision of the existing laws and decrees which are in conflict with the Constitution. The second step consists of drafting and promulgating within a period of three months after the promulgation of the Constitution certain new laws such as (1) the law governing the organization of the National Assembly, (2) the law governing the election and recall of the representatives of the National Assembly, (3) the law governing the election and recall of the President and the Vice-President, (4) the law governing the election and recall of the members of the Legislative Yuan, (5) the law governing the election and recall of the members of the Control Yuan, (6) the five laws governing the organization of the five Yuan respectively These were what we usually labelled as the "Ten Constitution-enforcing Laws," and they were duly drafted and finished as scheduled. The third step consists of the election of the representatives to the National Assembly, of the members of the Legislative Yuan, and of the members of the Control Yuan—elections which are supposed to be finished within a period of six months after the promulgation of the respective laws governing their election and recall. At the time of this writing all the eight steps have already been completed. It hardly needs saying that each of these steps has its own legal problems and will, therefore, make an interesting study for students of law. Especially so are the legal problems that arose out of the election disputes and those that arose out of the organization and procedure of the Legislative Yuan, etc. Space, of course, does not allow elaborate treatment of all these subjects here. The author will, therefore, limit his task to tackling the legal problems which the convocation of the National Assembly has given rise to.

First Page

169

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