The China of Chiang K'ai-Shek: A Political Study

by Paul Myron Anthony Linebarger

Chapter VIII. The Enforcement and Amendment of the Constitution

Article 139. The term "law" as used in the Constitution means that which has been passed by the Legislative Yuan and promulgated by the President.

Article 140. Laws in conflict with the Constitution are null and void.

The question whether a law is in conflict with the Constitution shall be settled by the Censor Yuan submitting the point to the Judicial Yuan for interpretation within six months after its enforcement.

Article 141. Administrative orders in conflict with the Constitution or laws are null and void.

Article 142. The interpretation of the Constitution shall be done by the Judicial Yuan.

Article 143. Before half or more of the provinces and territories have completed the work of local self-government, the Members of the Legislative Yuan and of the Censor Yuan shall be elected and appointed in accordance with the following provisions:

1. The Members of the Legislative Yuan: The Delegates of the various provinces, Mongolia, Tibet, and of the citizens residing abroad, to the People's Congress shall separately hold a preliminary election to nominate half of the number of the candidates as determined in Article 67 and submit their list to the People's Congress for election. The other half shall be nominated by the President of the Legislative Yuan for appointment by the President.

2. The Members of the Censor Yuan: The Delegates of the various provinces, Mongolia, Tibet, and of the citizens residing abroad, to the People's Congress shall separately hold a preliminary election to nominate half of the number of candidates as determined in Article 90 and submit their list to the People's Congress for election. The other half shall be nominated by the President of the Censor Yuan for appointment by the President.

Article 144. The Magistrates of districts where the work of self-government is not yet completed shall be appointed and removed by the Central Government.

The preceding paragraph is applicable mutatis mutandis to those municipalities where the work of self-government is not yet completed.

Article 145. The methods and procedure of helping the establishment of local self-government shall be determined by law.

Article 146. No amendment to the Constitution may be made unless it shall have been proposed by over one-fourth of the delegates to the People's Congress and passed by at least two-thirds of the delegates present at a meeting having a quorum of over three-fourths of the entire Congress.

A proposed amendment to the Constitution shall be made public by the proposer or proposers one year before the assembling of the People's Congress.

Article 147. In regard to those provisions of the Constitution which require further procedure for their enforcement, such necessary procedure shall be determined by law.