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1926

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CHINA’S PERMANENT CONSTITUTION
Art. 28.—Provincial laws shall be invalid when they are in conflict with the
National law.
When there is doubt regarding conflict between any Provincial law and the
National law the issue shall be determined by the Supreme Court of Justice.
The aforesaid stipulation of definition is applicable also when Provincial laws
are in conflict with the National law.
Art. 29.—When there is any deficit in the National Budget or when there ;
is financial stringency the provinces shall, with the sanction of Parliament, bear the
responsibility in proportion to the amounts of their annual receipts.
Art. 30.—In case of any local financial insufficiency or extraordinary catas- ]
trophe, that locality may be subsidized by the National Treasury if such subsidy j
be sanctioned by Parliament.
Art. 31.—Disputes between provinces shall be j udged and settled by the Senate.
Art. 32.—The organization of the National Army shall be based on a J
system of compulsory citizen-service. Except for enforcing the stipulations of the '
law governing military service, the provinces shall have no military duties at j
ordinary times.
Citizens liable to compulsory service shall be called together for training at j
different periods in accordance with specified recruiting areas; but the stationing 1
of standing armies shall be restricted to areas of national defence.
The military expenses of the Nation shall not exceed one quarter of the
National annual expenditure; but this provision shall not be applicable in case of i
war with any foreign country.
The strength of the national army shall be decided upon by Parliament.
Art. 33.—No province shall enter into any political agreement.
No province shall take action detrimental to any other province or detrimental ^
to the interests of any other locality.
Art. 34.—No province shall keep any standing army, or establish any military
officers’ academy or arsenal.
Art. 35.—Any province which does not perform its duty as provided for by the j
law of the Nation, or refusing to obey after being reprimanded by the Government,
may be forced into submission by the power of the Nation.
The employment of the aforesaid measure shall cease when it is disapproved !
by Parliament.
Art. 36.—Should any province invade another with military force the ;
Government may intervene in accordance with the stipulations in the foregoing
article.
Art. 37.—In case of any change in the form of Government or of any
fundamental constitutional organization being destroyed, the provinces shall take j
concerted action for the preservation of the organization based on constitutional
stipulations until the original form is restored.
Art. 38.—The stipulations in this chapter relating to provinces shall be
applicable in places where hsiens, but not provinces, have been created.
Chaptee YI.—Parliament
Art. 39.—The Legislative power of the Republic of China shall be exercised
by Parliament.
Art. 40.—Parliament shall consist of a Senate and a House of Representatives.
Art. 41.—The Senate shall be composed of Senators elected by the highest
local assemblies, as fixed by law, and by other electoral bodies.

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