Law, Justice & Constitutional Order

This section develops Free China Movement constitutional and legal analysis concerning major questions of law, human rights and public concern affecting Mainland China. The project applies the Constitution and laws of the Republic of China, applicable historical ROC law, relevant jurisprudence of the Republic of China in Taiwan, and, where legally necessary, international and comparative law.

Institutional status

FCM does not presently exercise judicial jurisdiction. Materials in this section are independent, non-binding FCM constitutional and legal opinions. They are not judgments of an existing court and do not presently bind any person, government or institution.

A record designed for independent future review

FCM preserves sources, applicable-law dates, contrary arguments, reasoning, conflicts and recusals, corrections and version history so that any lawfully constituted future democratic judiciary can independently examine the work. No FCM opinion becomes legally effective automatically. A future court must remain free, under the constitutional and statutory order then in force, to adopt, distinguish, modify, reject or give no weight to an FCM opinion.

Core programs

The project distinguishes historical law applicable at the time of an event, later jurisprudence of the Republic of China in Taiwan, and recommendations for a future democratic constitutional order. These layers must not be silently merged.