Legal provisions for optional referendums at national level

Constitution of the Republic of China

(Adopted in 25 December 1946, lastamended in 2005)

http://english.president.gov.tw/Default.aspx?tabid=1107

(Mandatory and Optional Referendum, Citizen Initiative and Recall)

Article 17.

The people shall have the right of election, recall, initiativeand referendum

Article 123.

The people of the hsien shall, in accordance with law, exercisethe rights of  initiative and referendumin matters within the sphere of hsien self-government, and shall, in accordancewith law, exercise the rights of election and recall of the magistrate andother hsien self-government officials

Referendum Act

(Last amended 12May 2009)

http://law.moj.gov.tw/Eng/LawClass/LawAllPara.aspx?PCode=D0020050

(Mandatory and Optional Referendum, and Citizen Initiative)

Article 2.

For thenational referendum, this Act shall apply to the following matters:

1. Referendumof laws.

2. Initiativeof legislative principles.

3. Initiativeor referendum of important policies.

4. Referendumfor amendment of the Constitution.

(Optional Referendum)

Article 16  

(1)If the Legislative Yuan deems it is necessary to carry outreferendum for a  matter as prescribed inSubparagraph 3 of Paragraph Two of Article 2, it may hand the  main text and the statement of reasons, afterthey are being adopted in the meeting of the Legislative Yuan, to the Central Election Commission forimplementing the  referendum

Article 17.

When the countryis under the threat of foreign force and the national sovereignty is likely tobe changed, the President may, with the resolution of the meeting of theExecutive Yuan, apply the matters regarding the national security toreferendum. The provisions on the periods set forth in Article 18 and theprovision of Article 24 shall not apply to the referendum referred to in thepreceding Paragraph.