On November 16, over 100 lawyers from across Taiwan are set to march through the streets of Taipei in protest against an amendment bill they believe would severely hamper the Constitutional Court’s ability to function. The proposed amendment, which was introduced by opposition Kuomintang (KMT) lawmakers, aims to overhaul the court’s operational procedures, but critics argue that it will undermine the court’s independence and efficiency.
The protest march, which will start at 2:30 p.m. from the north entrance of 228 Peace Park and head toward the Legislative Yuan, is organized to voice concerns over the impact of the bill on the judicial system and democratic processes in Taiwan.
Background: The Proposed Constitutional Court Bill
The controversy revolves around a bill introduced in October by KMT Legislator Weng Hsiao-ling. The bill seeks to amend the Constitutional Court Procedure Act, particularly the process by which cases are heard and rulings are made. Under the current system, the court requires a minimum of eight justices to preside over cases. The proposed bill, however, would raise this requirement to 15 justices and stipulate that at least two-thirds (or 10 votes) are needed for a ruling.
Weng has defended the amendment, arguing that it would ensure rulings reflect a broader range of perspectives and prevent decisions from being dominated by a minority of justices. However, opponents contend that the bill would severely cripple the court’s operations and slow down its ability to address critical constitutional issues.
Criticism of the Bill: Concerns from Legal Experts
Several legal professionals and former judges have voiced strong opposition to the amendment, stressing that it would bring the Constitutional Court to a standstill. Lawyer Jacob Lin, who is helping lead the protest, called the bill an attempt to “cripple” the court. Lin emphasized that the court has played a vital role in defending citizens’ basic rights, with approximately 95% of its rulings since 1949 dealing with fundamental rights issues.
Former Supreme Court judge Chien Chien-jung also criticized the proposed changes, explaining that under the current system, the court has been able to deliver approximately 20 rulings annually, a significant increase compared to the years before 2022, when rulings required a two-thirds majority. Prior to the reform, the court was only able to issue 10 rulings per year, with many cases being delayed or dismissed altogether.
Chien argued that the KMT’s bill would unnecessarily complicate the review process and lead to a backlog of cases, further delaying justice.
Political and Constitutional Implications:
The bill has sparked a fierce debate not only about judicial independence but also about the potential political ramifications. Lawyer Hong Wei-sheng highlighted that slowing down the Constitutional Court’s ability to rule could affect critical constitutional matters, including impeachment proceedings against the president or vice president. Under Taiwan’s current system, any impeachment proposal must first be approved by the Legislative Yuan and then sent to the Constitutional Court for a final ruling.
As the KMT seeks to alter the court’s procedures, many see it as an effort to gain greater control over an institution that has sometimes ruled against the party’s interests.
Upcoming Protest: What to Expect
The protest, set to take place on November 16, has already garnered significant attention, with 153 lawyers having signed up to participate. According to lawyer Lai Chung-chiang, the protest will not only include a march but also feature speeches from scholars and legal experts who oppose the amendment.
The procession will start at 2:30 p.m. at the 228 Peace Park and head toward the Legislative Yuan, where participants will gather to hear speeches about the implications of the bill and the need for judicial independence in Taiwan.
Frequently Asked Questions (FAQs):
1. What is the purpose of the November 16 protest?
The protest is organized by over 100 lawyers in Taiwan to oppose an amendment bill to the Constitutional Court Procedure Act. The bill, introduced by the KMT, would significantly alter the court’s operations, making it harder to make rulings and slowing down the judicial process.
2. What changes does the proposed bill seek to implement?
The bill would increase the number of justices required to preside over cases from 8 to 15 and would require a two-thirds majority (10 votes) for a ruling, instead of the current simple majority.
3. Why are lawyers protesting this bill?
Lawyers argue that the bill would cripple the Constitutional Court’s ability to make timely decisions, particularly on cases related to citizens’ rights. They also fear that it could be politically motivated, aiming to limit the court’s independence.
4. How many lawyers are expected to participate in the protest?
As of Tuesday, 153 lawyers have signed up to participate in the protest march, with more expected to join ahead of the event.
5. When and where will the protest take place?
The protest will take place on November 16, beginning at 2:30 p.m. from the north entrance of 228 Peace Park in Taipei. The march will head toward the Legislative Yuan.
Impact on Taiwan’s Judiciary System:
The outcome of this proposed bill could have profound implications for the balance of power between Taiwan’s legislature and judiciary. With the country’s democratic institutions at stake, many legal experts worry that tampering with the Constitutional Court’s procedures could undermine public trust in the judiciary and further politicize Taiwan’s legal system.
As the legislative debate continues, it remains to be seen whether the KMT will succeed in pushing the bill through, or if the protest and public outcry will lead to a reconsideration of the proposed changes.
