12 Facts About ROC Constitution

The Additional Articles of the ROC Constitution was passed to reflect the government's actual jurisdiction and realization of cross-Strait relations.

The KMT intended this ROC Constitution to remain in effect until the country had been pacified and the people sufficiently "educated" to participate in democratic government.

The ROC Constitution was seen as the third and final stage of Kuomintang reconstruction of China.

Unlike the typical division of governmental branches, the ROC constitution establishes a five-power, semi-parliamentary mode of constitutional governance.

The ROC Constitution introduced a powerful authoritative legislative body—the National Assembly, which exercised political powers derived from the people .

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Originally, the ROC constitution drafted the president as a ceremonial figurehead presiding over a parliamentary republic: the President could grant amnesty and pardons, confer honors and decorations, issue emergency decrees, and issue arbitration during disputes between multiple Yuan .

In 1948, the National Assembly ratified the Temporary Provisions against the Communist Rebellion, which superseded the ROC Constitution by granting the President enhanced administrative and executive capabilities.

All post-1991 amendments have been maintained as a separate part of the ROC Constitution, consolidated into a single text of twelve articles.

Pro-independence advocates have argued that the Constitution was never legally applied to Taiwan because Taiwan was not formally incorporated into the ROC's territory through the National Assembly as per the specifications of Article 4.

Since control of Taiwan occurred in 1945 before the promulgation of the 1947 constitution, the ROC government is of the view that a resolution by the National Assembly was unnecessary.

The constitution states that "The exercise of the rights of initiative and referendum shall be prescribed by law", but legislation prescribing the practices had been blocked by the pan-blue coalition largely out of suspicions that proponents of a referendum law would be used to overturn the ROC Constitution and provide a means to declare Taiwan independence.

ROC Constitution promised that the new Constitution would not change the issue of sovereignty and territory.