Proposed Legislative Changes Threaten Taiwan’s Constitutional Court Operations
A controversial legislative bill in Taiwan has raised concerns among legal professionals and scholars, with fears that it could paralyze the nation’s Constitutional Court. The bill, proposed by the opposition Kuomintang (KMT), aims to set the quorum for hearing cases at 10 justices, a move that could severely limit the court’s ability to function due to Taiwan’s current understaffed bench.
What’s at Stake: Impact of the Bill on Taiwan’s Judiciary
Lawyers, scholars, and former judges have expressed their unease over the proposal, warning that if passed, it may make the Constitutional Court “unable to operate.” With only eight justices currently seated—well below the proposed minimum threshold—there are concerns that Taiwan’s highest judicial body will be effectively immobilized unless new justices are confirmed by the Legislature.
The proposed amendments to the Constitutional Court Procedure Act would require the presence of 10 justices to deliberate on cases. Additionally, a ruling would need a two-thirds majority of 15 justices (i.e., 10 votes) to pass. This bill is expected to hinder the court’s ability to issue decisions on crucial constitutional matters, especially as the Legislative Yuan has yet to confirm new nominees for seven vacant seats on the court.
The Constitutional Court’s Current Crisis
Taiwan’s Constitutional Court, which normally consists of 15 justices, is facing unprecedented challenges. As of now, the court is operating with only eight justices after seven seats became vacant on October 31, 2024, due to the expiration of their eight-year terms. The ongoing confirmation hearings for the new justices have yet to be concluded, with a final vote not expected until December 24, 2024.
In addition to this staffing crisis, the Judicial Yuan currently lacks both a president and vice president, further complicating matters. The impasse in the Legislature, where opposition parties hold a majority, has placed Taiwan’s judiciary in a state of uncertainty, prompting widespread concerns about the rule of law.
How the Bill Could Paralyze the Constitutional Court
Under the proposed bill, Taiwan’s Constitutional Court would need a quorum of 10 justices to hear any case, which is problematic given the current eight-member bench. Critics argue that this change would effectively block the court from issuing rulings, as it would be impossible to assemble the required number of justices without filling the vacant seats. The Legislative Yuan has not yet confirmed President Lai Ching-te‘s (賴清德) nominees to replace the outgoing justices, primarily due to resistance from the KMT and the Taiwan People’s Party (TPP).
According to Yang Hao-ching (楊皓清), the director-general of the Constitutional Court, the absence of appropriate measures in the bill could render the court “unable to operate.” He also warned that without sufficient justices, the court’s ability to rule on critical cases, especially those related to human rights, could be severely compromised.
Opposition to the Bill: Political and Legal Repercussions
Opposition lawmakers, particularly from the KMT, argue that the bill would help ensure more thorough deliberations by raising the threshold for rulings. However, the bill has drawn sharp criticism from many in the legal community, including Jacob Lin (林俊宏), a prominent lawyer, who believes it would make it “extremely difficult” for the court to function. Lin was one of over 300 lawyers who took to the streets of Taipei on November 16 to protest the bill, arguing that it could undermine public access to justice, particularly in cases involving basic human rights violations.
At the heart of the controversy is a series of Constitutional Court rulings earlier this year that restricted the use of the death penalty and struck down several measures granting the Legislature broader investigative powers. KMT legislator Weng Hsiao-ling (翁曉玲), who introduced the bill, has openly expressed dissatisfaction with these rulings, calling them “outrageous” and advocating for judicial reform.
What’s Next: A Brewing Constitutional Crisis?
With the bill on the verge of being voted on by the Legislature, legal experts remain divided on its potential impact. Former Constitutional Court justice Huang Hung-hsia (黃虹霞) has suggested that if the bill passes, it could trigger a legal challenge, possibly leading to a landmark case before the same court that it seeks to restrict.
Meanwhile, Lin Jia-he (林佳和), an associate law professor at National Chengchi University, has warned that the bill could spark a major constitutional crisis. He argued that the Constitutional Court might need to declare the bill unconstitutional to avoid a breakdown in Taiwan’s judicial system.
Table: Key Details of the Legislative Bill Proposal
| Aspect | Current Status | Proposed Amendment |
|---|---|---|
| Quorum for Case Deliberation | No minimum quorum required | Must have 10 justices to deliberate a case |
| Ruling Threshold | Majority of sitting justices | Two-thirds majority of 15 justices (i.e., 10 votes) |
| Current Number of Justices | 8 justices | Bill would render court inactive unless vacancies are filled |
| Vacancies | 7 vacant seats since Oct 31, 2024 | Bill would require at least 10 justices to make rulings |
| Legislative Status | Bill under review in the Legislative Yuan | Expected vote by December 24, 2024 |
Frequently Asked Questions (FAQ)
Q1: What does the proposed bill seek to change about the Constitutional Court?
A: The bill proposes setting a minimum quorum of 10 justices for case deliberations and requiring a two-thirds majority of 15 justices for rulings, which could paralyze the court due to the current shortage of justices.
Q2: Why is the Constitutional Court currently understaffed?
A: Seven justices’ terms expired on October 31, 2024, and the Legislature has yet to confirm new appointments due to political disagreements.
Q3: What are the political motivations behind the bill?
A: The bill is primarily driven by opposition lawmakers’ dissatisfaction with recent Constitutional Court rulings, especially those concerning the death penalty and investigative powers.
Q4: What could happen if the bill is passed?
A: If the bill is passed without measures to ensure the court’s functionality, it could lead to a constitutional crisis, with the court unable to issue rulings on vital matters.
Q5: When will the Legislature vote on the bill?
A: The Legislative Yuan is expected to vote on the bill by December 24, 2024, though the bill’s future remains uncertain.
