解嚴前大法官人事之研究：以第一屆至第五屆之提名選任為中心

This study is intended to overview changes of the process in appointment of the Grand Justices before the abolishment of martial law basing on author’s previous researches. The author uses all sorts of official published materials including archives, magazines, interviews, oral historical records and personal memoirs. According to the article 78 of constitution, Grand Justices are in charge of “interpretation of the constitution and uniform of statutes and regulations”. Their interpretations affect tremendously on people’s fundamental rights and state’s constitutional order, thus they are highly respected and attracting great attention. This project is intended to observe the process of appointment of the first five terms of Grand Justices. The author will analyze how the presidents nominated candidates according to the qualification defined by article 79 of Constitute and the article 4 of the Organic Act of Judicial Yuan. This research will observe the establishment of the recommendation-list of the candidates and the committee for nomination of Grand Justices summoned by vice-president. The committee members’ background and the process of establishing recommendation-list for nomination shall be examined. In studying the recommendation-lists, the author expect to find a pattern of those recommended in their training, job experiences and professional qualifications. It may further explore the authority’s extra-consideration in appointing Grand Justices. In the other words, what factional backgrounds or unofficial principles may be taken into consideration apart from official qualifications? Basing on these disclosed patterns, the author shall explore how these Grand Justices’ practices in constitutional court impacted on constitutional order of Taiwan.