The Additional Articles of the Constitution of the Republic of China are the revisions and constitutional amendments to the original constitution to meet the requisites of the nation and the political status of Taiwan "prior to national unification". The Additional Articles are usually attached after the original constitution as a separate document. It also has its own preamble and article ordering different from the original constitution. The Additional Articles are the fundamental law of the present

government of the Republic of China The Government of the Republic of China, is the national government of the Republic of China whose ''de facto'' territory currently consists of Taiwan, Penghu, Kinmen, Matsu and other island groups in the "free area". Governed by the ...

Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...

since 1991, last amended in 2005.

Features

Free area

The territory controlled by the

Government of the Republic of China The Government of the Republic of China, is the national government of the Republic of China whose ''de facto'' territory currently consists of Taiwan, Penghu, Kinmen, Matsu and other island groups in the "free area". Governed by the ...

changed significantly after the

Chinese Civil War The Chinese Civil War was fought between the Kuomintang-led government of the Republic of China and forces of the Chinese Communist Party, continuing intermittently since 1 August 1927 until 7 December 1949 with a Communist victory on m ...

, and the Republic of China could not hold

elections An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold Public administration, public office. Elections have been the usual mechanism by which modern representative ...

in territories it did not control. Thus, the Additional Articles of the Constitution defines the

Free Area The free area of the Republic of China, also known as the "Taiwan Area of the Republic of China", "Tai-Min Area (Taiwan and Fujian)" or simply the "Taiwan Area", is a term used by the government of the Republic of China (ROC) to refer to ...

(

Chinese Chinese can refer to: * Something related to China * Chinese people, people of Chinese nationality, citizenship, and/or ethnicity **''Zhonghua minzu'', the supra-ethnic concept of the Chinese nation ** List of ethnic groups in China, people of ...

: ,

Mandarin Mandarin or The Mandarin may refer to: Language * Mandarin Chinese, branch of Chinese originally spoken in northern parts of the country ** Standard Chinese or Modern Standard Mandarin, the official language of China ** Taiwanese Mandarin, Stand ...

: Zìyóu Dìqū,

Taiwanese Taiwanese may refer to: * Taiwanese language, another name for Taiwanese Hokkien * Something from or related to Taiwan ( Formosa) * Taiwanese aborigines, the indigenous people of Taiwan * Han Taiwanese, the Han people of Taiwan * Taiwanese people, ...

: Chū-iû Tē-khu,

Hakka The Hakka (), sometimes also referred to as Hakka Han, or Hakka Chinese, or Hakkas are a Han Chinese subgroup whose ancestral homes are chiefly in the Hakka-speaking provincial areas of Guangdong, Fujian, Jiangxi, Guangxi, Sichuan, Hunan, Zhej ...

: Chhṳ-yù Thi-khî) to be the territory and the people under the

government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...

's effective jurisdiction. Whilst all residents of China are nominally citizens of the Republic, only the citizens who have the right to abode in the Free Area may exercise the full civil and political rights, including

right of abode The right of abode is an individual's freedom from immigration control in a particular country. A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there withou ...

and

suffrage Suffrage, political franchise, or simply franchise, is the right to vote in representative democracy, public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally i ...

Direct presidential election

The Additional Articles requires direct election of the

President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...

by the citizens of the

free area The free area of the Republic of China, also known as the "Taiwan Area of the Republic of China", "Tai-Min Area (Taiwan and Fujian)" or simply the "Taiwan Area", is a term used by the government of the Republic of China (ROC) to refer to ...

. The first direct presidential election was held in 1996. Under the original constitution, the

was elected indirectly by the

National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the rep ...

Government reform and reorganization

The Additional Articles of the Constitution reformed the

from a

parliamentary system A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the ...

to a ''de facto''

semi-presidential system A semi-presidential republic, is a republic in which a president exists alongside a prime minister and a cabinet, with the latter two being responsible to the legislature of the state. It differs from a parliamentary republic in that it has a ...

. The

is ''de facto'' abolished, and its functions are exercised directly by the citizens of the

Free area The free area of the Republic of China, also known as the "Taiwan Area of the Republic of China", "Tai-Min Area (Taiwan and Fujian)" or simply the "Taiwan Area", is a term used by the government of the Republic of China (ROC) to refer to ...

. The five-power governmental structure is retained, though it functions closer to the traditional Western ''trias politica'' in practice.

Constitutional referendum

A 2005 amendment regarding on referendum stated that a constitutional amendment or an alteration of the national territory has to be ratified by more than half (50%) of voters of the Free Area in a

referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...

after passed in the

Legislative Yuan The Legislative Yuan is the unicameral legislature of the Republic of China (Taiwan) located in Taipei. The Legislative Yuan is composed of 113 members, who are directly elected for 4-year terms by people of the Taiwan Area through a parallel v ...

with a three-quarters majority. Before that,

constitutional amendments A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, t ...

and national territory alterations were ratified by the

Comparison of the governmental structure

Most of the amendments brought by the ''Additional Articles'' focuses on the mechanism of

separation of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...

among central governmental organs. The ''Additional Articles'' changed the

form of government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...

from

, enhance the implementation of

direct democracy Direct democracy or pure democracy is a form of democracy in which the Election#Electorate, electorate decides on policy initiatives without legislator, elected representatives as proxies. This differs from the majority of currently establishe ...

and direct election, reduce the

chambers Chambers may refer to: Places Canada: *Chambers Township, Ontario United States: *Chambers County, Alabama * Chambers, Arizona, an unincorporated community in Apache County * Chambers, Nebraska * Chambers, West Virginia * Chambers Township, Hol ...

parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...

, and simplify the hierarchy of

local government Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-loca ...

s.中華民國憲法與其相關法規彙編 by Hsien-Mo Liao
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Articles

The Additional Articles of the Constitution has been amended seven times since the 1990s. Current Additional Articles of the Constitution contains 12 articles: * Article 1: Referendum on amendment to the Constitution and alteration of the national territory. * Article 2:

and the

vice president A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is on t ...

. * Article 3: Premier and the

Executive Yuan The Executive Yuan () is the executive branch of the government of the Republic of China (Taiwan). Its leader is the Premier, who is appointed by the President of the Republic of China, and requires confirmation by the Legislative Yuan. ...

. * Article 4:

. * Article 5: Judicial Yuan. * Article 6:

Examination Yuan The Examination Yuan is the civil service commission branch, in charge of validating the qualification of civil servants, of the government of the Republic of China (Taiwan). It has a president, a vice president, and seven to nine members, al ...

. * Article 7:

Control Yuan The Control Yuan is the supervisory and auditory branch of the government of the Republic of China (Taiwan). Prior to constitutional reforms in the 1990s, the Control Yuan, along with National Assembly (electoral college) and the Legislati ...

. * Article 8: Remuneration and pay of the members of the

. * Article 9: Local governments. * Article 10: Fundamental national policy. * Article 11:

Cross-Strait relations Cross-Strait relations (sometimes called Mainland–Taiwan relations, or Taiwan-China relations) are the relations between China (officially the People's Republic of China) and Taiwan (officially the Republic of China). The relationship h ...

(rights and obligations between people of the

and

mainland China "Mainland China" is a geopolitical term defined as the territory governed by the People's Republic of China (including islands like Hainan or Chongming), excluding dependent territories of the PRC, and other territories within Greater China. ...

). * Article 12: Procedure for amending the Constitution.

References

External links

Additional Articles of the Constitution
by the Office of the President, Republic of China (Taiwan)

* ttp://www.taiwandocuments.org/constitution07.htm English translation of the Constitutionby the Taiwan Documents Project.
Constitution day and constitutional government
{{DEFAULTSORT:Constitution Of Taiwan Law of Taiwan Government of Taiwan Additional