Constitution of The Republic of China

The Constitution of the Republic of China (中華民國憲法) is the fundamental law of the Republic of China (ROC), which currently controls the island of Taiwan and minor outlying islands. It was Adopted by the National Constituent Assembly on 25 December 1946, and went into effect on 25 December 1947. This made China (with approx. 450 million people) the most populous democracy in the world. The latest revision to the constitution was in April 2000.

Drafted by the Kuomintang (KMT) as part of its third stage of national development (i.e., representative democracy), it established a centralized Republic with five branches of government. Though the Constitution was intended for the whole of China, it was neither extensively nor effectively implemented as the KMT was already fully embroiled in a civil war with the Communist Party of China by the time of its promulgation.

Following the KMT's retreat to Taiwan in 1949, the Temporary Provisions Effective During the Period of Communist Rebellion("Temporary Provisions" for short) gave the KMT government extra-constitutional powers. Despite the Constitution, Taiwan was an authoritarian one-party state. Democratization began in the 1980s. Martial law was lifted in 1987; and the Temporary Provisions were repealed and the Constitution was amended in 1991 to reflect the government's loss of mainland China, and the Constitution finally formed the basis of a multi-party democracy.

During the 1990s and early 2000s (decade), the Constitution's origins in mainland China led to supporters of Taiwan independence to push for a new Taiwanese Constitution. However, attempts by the Democratic Progressive Party administration to create a new Constitution during the second term of DPP President Chen Shui-bian failed, because the then opposition Kuomintang controlled the Legislative Yuan. It was only agreed to reform the Constitution of the Republic of China, not to create a new one. It was lastly amended in 2005, with the consent of both the KMT and the DPP.

Read more about Constitution Of The Republic Of China:  History, Content, Referendums and Constitutional Reform

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