According to the Law on the Consideration of Cases by the Grand Justices of the Judicial Yuan, private persons may only petition the Grand Justices if their rights have been violated, they have received no satisfaction in the courts, and they believe the articles of law applied in the judgment of their case violate the constitution.
依司法院大法官審理案件法規定，一般民眾在直接聲請大法官解釋時，必須是權利遭受不法侵害，且在法院尋求救濟未果，認為判決所適用的法條有抵觸憲法的疑義時方能提出。