Table of Authorities & Precedents

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

  1. Constitution of the Republic of China
  2. Applicable constitutional amendments and Additional Articles
  3. Statutes and regulations effective at the relevant date
  4. Authoritative constitutional and judicial jurisprudence of the Republic of China in Taiwan
  5. Historical Republic of China legal authorities
  6. Applicable international law
  7. Comparative constitutional and judicial authorities where useful
  8. 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should identify the authority, date, proposition for which it is cited, and whether later authority has modified or superseded the proposition.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.

Reviewable hierarchy and precedent index for authorities cited in FCM Constitutional & Legal Opinions.