This index organizes the legal authorities used in Free China Movement constitutional and legal opinions and makes the citation chain reviewable across cases.
Authority hierarchy
- Constitution of the Republic of China
- Applicable constitutional amendments and Additional Articles
- Statutes and regulations effective at the relevant date
- Authoritative constitutional and judicial jurisprudence of the Republic of China in Taiwan
- Historical Republic of China legal authorities
- Applicable international law
- Comparative constitutional and judicial authorities where useful
- Prior FCM opinions as non-binding persuasive analysis only
A prior FCM opinion cannot override controlling law. Each opinion should identify the authority, date, proposition for which it is cited, and whether later authority has modified or superseded the proposition.
Precedent treatment
FCM opinions may be cited to maintain analytical consistency, but they do not acquire binding force through repetition. Material contrary authority, later judgments and corrections must be incorporated into the record.
September 4, 2026 — new authority controls
- Urban-plan norm review: statutory eligibility/standing, actual filing, admissibility, merits and relief are tracked as separate propositions. The statutory two-month self-review mechanism does not by itself prove modification, withdrawal or settlement in any actual case.
- Constitutional representation: Interpretation No. 261 confirms periodic election under constitutional/legal authority as the mechanism for representative legitimacy; it does not supply present legislative authority to a private provisional body.
- Delegated public authority: Administrative Procedure Act Articles 2(3) and 16 require lawful entrustment for a private person or body to exercise public authority within the delegated scope.
- Correction — Interpretation No. 324: the discussion of private outsourcing/delegation appears in Justice Cheng Chien-tsai’s concurring opinion, not in the Court’s majority holding. It is therefore treated only as persuasive separate-opinion material.
- Mainland-Area framework: Interpretation No. 328, Additional Articles Article 11, the Cross-Strait Act, and Interpretations Nos. 618 and 710 are indexed separately from international recognition, territorial title and occupation doctrine.