The Taiwan Constitutional Court has resumed its operations following a ruling that declared a controversial 2024 amendment unconstitutional. The amendment had effectively barred the court from functioning for nearly a year due to insufficient judges to meet the required quorum. This decision is significant as it underscores ongoing tensions within Taiwan’s judiciary and its legislative processes.
The ruling, announced on October 31, 2024, found that the amendment required at least ten sitting judges for a law to be declared unconstitutional, with at least nine judges needing to agree. With the terms of seven judges expiring and the Legislative Yuan refusing to confirm presidential appointments, only eight judges remained, resulting in the court’s suspension.
Five judges argued that the legislative amendment, coupled with the legislature’s refusal to affirm appointments, has paralyzed the judiciary and undermined judicial independence. They stated that the continuous lack of a legally required quorum prevented the court from fulfilling its core functions. In contrast, three judges dissented, asserting that the court lacked the power to adjudicate without the necessary quorum, which they believed violated constitutional principles.
Huang Kuo-chang, leader of the Taiwan People’s Party, echoed these concerns, noting that even if the amendment is rendered void, the original legislation mandates a two-thirds majority of the sitting judges to declare a law unconstitutional. This interpretation implies that at least six judges would need to be present for a valid ruling.
The court’s majority ruling countered this argument, stating that the three dissenting judges’ refusal to participate in the case is akin to recusal and does not count towards the quorum. Furthermore, the ruling highlighted serious procedural improprieties in how the amendment was passed. Notably, it criticized the legislative majority for making substantial changes during the second reading and for not holding a vote during the third reading, actions deemed violations of democratic accountability and transparency.
This incident marks a continuation of criticism against the legislative majority, which faced backlash in May 2024 for its handling of protests involving approximately 30,000 demonstrators outside the parliament. These protests were against both the Kuomintang and the Taiwan People’s Party, further illustrating the growing public dissent regarding legislative actions.
The political landscape in Taiwan is particularly fraught, as described by The Diplomat, which suggests that the ruling Democratic Progressive Party has been navigating a constitutional crisis since failing to secure a legislative majority in the 2024 elections. Earlier this month, Executive Premier Cho Jung-tai accused the legislative majority of attempting to undermine the principles of separation of powers and procedural justice.
In response to these challenges, the legislative majority has expressed intentions to both the president and the premier, indicating ongoing tensions in Taiwan’s governance. The court’s recent ruling and the surrounding controversies highlight the critical intersection of law, politics, and public sentiment in Taiwan’s evolving democratic landscape.
