The Judicial Yuan (司法院) is one of five branches of the Republic of China government in Taipei and serves as the highest judicial organ in Taiwan. Its Council of Grand Justices (大法官會議), with 15 members, is charged with interpreting the Constitution of the Republic of China. The President and Vice President of the Judicial Yuan are chosen from among the Grand Justices by the President of the Republic of China. Eight of the grand justices, including the president and vice president of the Yuan, serve four-year terms, and the remaining grand justices serve eight-year terms.
The Judicial Yuan also supervises the lower courts, which consist of the Supreme Court, the high courts, district courts, the Administrative Court, and the Commission on the Disciplinary Sanctions of Public Functionaries.
District courts hear cases of the first instance, high courts hear appeals, and the Supreme Court is the final court of appeal. High courts are courts of first instance only for cases in which rebellion, treason, and offenses against friendly relations with other nations are alleged. The Supreme Court does not hear constitutional cases.
The Council of GrandJustices has ruled that the political-party-based selection of members to the newly established National Communications Commission (NCC) is unconstitutional because it denies the premier the power of personnel appointments.
The council, handing down its ruling yesterday, said having parties fill the NCC seats in proportion to their representation in parliament violates the principles of division of power and that of political accountability.
The grandjustices were referring to Article Four of the NCC law, which allowed political parties to select members to the media watchdog earlier this year for a three-year term.
Its Council of GrandJustices (大法官會議), with 15 members, is charged with interpreting the Constitution of the Republic of China.
Eight of the grandjustices, including the president and vice president of the Yuan, serve four-year terms, and the remaining grandjustices serve eight-year terms.
The Judicial Yuan also supervises the lower courts, which consist of the Supreme Court, the high courts, district courts, the Administrative Court, and the Commission on the Disciplinary Sanctions of Public Functionaries.
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