Taiwan (Republic of China) 1947 Constitution (reviewed 2005) - Page 11 of 15

Table of Contents

CHAPTER XI. SYSTEM OF LOCAL GOVERNMENT

Section 1. The Province

Article 112

A Province may convoke a Provincial People’s Representatives Conference to draw up, in accordance with the general principles of provincial and county self-government, a set of provincial self-government regulations provided that they do not contravene the Constitution.
The organization of the Provincial People’s Representatives Conference and the election of the representatives shall be prescribed by law.

Article 113

The provincial self-government regulations shall include the following provisions:
1. There shall be a provincial assembly. Members of the provincial assembly shall be elected by the people of the Province.
2. There shall be a provincial government and a provincial governor; the provincial governor shall be elected by the people of the Province.
3. Relationship between the Province and the Counties.
The legislative powers of the Province shall be exercised by the provincial assembly.

Article 114

After enactment, the provincial self-government regulations shall be submitted to the Judicial Yuan. If the Judicial Yuan deems any part of the regulations unconstitutional, it shall declare the relevant provisions null and void.

Article 115

If, in the course of implementing the provincial self-government regulations, any serious obstacle in the application of any of the articles contained therein arises, the Judicial Yuan shall first summon the various parties concerned to present their views. Then, the Presidents of the Executive Yuan, the Legislative Yuan, the Judicial Yuan, the Examination Yuan, and the Control Yuan shall form a committee under the Chairmanship of the President of the Judicial Yuan to propose a formula for solution.

Article 116

Provincial rules and regulations that contravene national laws shall be null and void.

Article 117

In case of doubt as to whether any provincial rule or regulation contravenes national laws, the matter shall be settled by interpretation of the Judicial Yuan.

Article 118

The self-government of Municipalities under the direct jurisdiction of the Executive Yuan shall be determined by law.

Article 119

The local self-government system of the Mongolian Leagues and Banners shall be determined by law.

Article 120

The system of self-government in Tibet shall be safeguarded.

Section 2. The County

Article 121

The County shall practice county self-government.

Article 122

A County may convoke a County People’s Representatives Conference to draw up, in accordance with the general principles of provincial and county self-government, a set of county self-government regulations which, however, shall not contravene the Constitution and the provincial self-government regulations.

Article 123

The people of the County shall, in accordance with law, exercise the rights of initiative and referendum in matters relating to county self-government and shall, in accordance with law, exercise the rights of election and recall of the magistrate and other county self-government officials.

Article 124

There shall be a county assembly. Members of the county assembly shall be elected by the people of the County.
The legislative power of the County shall be exercised by the county assembly.

Article 125

County rules and regulations that contravene national laws or provincial rules and regulations shall be null and void.

Article 126

There shall be a county government and a magistrate; the magistrate shall be elected by the people of the County.

Article 127

The magistrate shall be responsible for all matters relating to county self-government and shall administer such matters as are delegated to the County by the central and provincial governments.