Tuesday, July 8, 2008

J.Y. Interpretation 644

Original post by www.taiwanlawresources.com.

On June 22, the Justices of the Constitutional Court issued interpretation number 644.  This interpretation states that article 2 and 53 of the Civil Associations Act are unconstitutional by limiting the free speech of people wishing to organize with communist ideals.  

The chapeau states:


Quick, unofficial translation:

Is the regulation prohibiting the establishment of Civil Associations based on their communist or national territory beliefs unconstitutional?  Article 2 of the Civil Associations act states:  “The organization and activities of civil associations may not advocate communism or advocate for the division of the national territory.”  Similarly, the first half of article 53 states that “An application for establishment of a civil association that violates the provision of Article 2 … shall be rejected.”  This wording gives relevant authorities [Ministry of the Interior] the investigative authority to determine whether the political views of such Civil Association “advocate communism or advocate for the division of the national territory” before the permission for establishment is granted.  This court finds that this exceeds necessary requirements for Civil Associations right of lawful establishment and is not in keeping with the Constitutional protection of the right of assembly and free speech.  Within the scope defined herein, we find that from the day this Interpretation is promulgated that these articles have no effect.

Justice Tzu-Yi Lin's concurring opinion can be found here.

Justice Tzong-Li Hsu's concurring opinion can be found here.

Justice Yu-hsiu Hsu's report concurring in part and dissenting in part can be found here.