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Seventy Years of New Chinese Constitution

Publication at Faculty of Law |
2017

Abstract

In 2017, we commemorated 70th anniversary of new Chinese Constitution of 1947. Meant Constitution of the Republic of China overruled by Communist takeover in 1949.

Transferred to Taiwan this Constitution is still in force with numerous amendments. The 1947 Constitution was implemented in a restrictive way in Taiwan due to the doctrine of "political tutelage".

President Chiang Kai-shek declared this doctrine as a reaction to "Communist rebellion at Mainland", he extended his presidential powers to the detriment of Constitutional bodies, declared martial law and severely restricted constitutional rights of Taiwanese citizen. Regular elections were not held for 45 years.

Full implementation of 1947 Constitution was reestablished in 1990s. Constitutional Court (Council of Grand Justices) decisively contributed to renewal of constitutionality in Taiwan.