Check for constitutionality or legality of initiatives

Taiwan

Taiwan

Answer
An automatic check is part of the initiative process
Source

If the proposal meets all therequirements, the review commission would hold hearing to confirm the contentof the referendum. After the hearing, the initiators can start to collectsignatures. The number of endorsers must reach or exceed 5 percent of the totalnumber of electors in the most recent presidential and vice-presidentialelection. The signature sheet would be submitted to the election commission.There the election commission would examine the signatures and have the householdregistration organization to verify the signatures.

ReferendumAct

(Last amended on 12 May 2009)

 

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

 

Article10.

For a proposal of referendum,the number of proposers shall be not less than 0.5 per cent of the totalelectors in the latest election of President and Vice President. Afterreceiving a proposal of referendum, the Review Commission shall finish theexamination within 10 days, and shall reject it if it does not meet therelevant provisions. During the period of examination, the Review Commission shallrequest the government agencies of household registration to check the list ofproposers within 7 days, and request the Legislative Yuan and the relatedgovernment agencies depending on the nature of the proposal to bring forward aposition paper within 1 month after receiving the official letter of request.

After the process ofexamination, if the proposal referred to in the preceding Paragraph meets therelevant provisions, the Review Commission shall hold a public hearing within10 days to determine the contents of the proposal of referendum.

After the content isdetermined, the Review Commission shall, within 10 days, receive a model listof joint signers from the Central Election Commission, and print the lists tocollect joint signatures. If the Review Commission does not receive the modellist within the specified time limit, it will be regarded as abandonment ofjoint signature.

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