The Taiwan Constitutional Court has resumed its operations after declaring that a 2024 legislative amendment was unconstitutional. This ruling comes after nearly a year of inactivity, as the amendment had prevented the court from functioning due to insufficient judges to meet the required quorum. The court’s decision was reached on October 31, 2024, when the terms of seven judges expired and the legislature failed to confirm presidential appointments.
In a ruling that involved five judges, the court found that the amendment, coupled with the legislature’s refusal to affirm judicial appointments, effectively paralyzed the judiciary. The judges emphasized that such actions have eroded judicial independence, a core principle of Taiwan’s legal system. According to the amendment, at least ten judges must be seated for a law to be declared unconstitutional, with a minimum of nine judges agreeing on the decision. With only eight judges currently available, the court had been unable to operate.
Three judges, however, opted not to participate in adjudicating the case, raising concerns about the court’s legitimacy. They argued that without a legally mandated quorum, the court lacked the authority to make rulings. Huang Kuo-chang, leader of the Taiwan People’s Party, voiced similar sentiments, stating that even if the amendment was invalid, the original legislation required a two-thirds majority of the sitting judges to declare a law unconstitutional.
The ruling countered this argument by asserting that the refusal of the three judges to adjudicate was akin to recusal under the original law and did not count towards the quorum. Additionally, the court found procedural improprieties in how the amendment was passed, including significant last-minute changes during the second reading and a lack of voting during the third reading. The ruling criticized the legislative majority for violating principles of transparency and democratic accountability.
This situation is not unprecedented; the legislative majority has faced scrutiny for procedural justice violations in the past. Notably, in May 2024, they neglected to engage with over 30,000 protesters outside the parliament, who were opposing actions by the Kuomintang and the Taiwan People’s Party.
Taiwan has been experiencing a constitutional crisis, as described by The Diplomat, particularly following the 2024 election, where the ruling Democratic Progressive Party failed to secure a legislative majority. Earlier this month, Executive Premier Cho Jung-tai accused the legislative majority of attempting to undermine the separation of powers and democratic principles. In response, the legislature expressed its intention to support both the president and the premier in their actions.
As the Taiwan Constitutional Court resumes its essential functions, the implications of this ruling extend beyond legal procedures, touching on the broader challenges facing Taiwan’s governance and democratic integrity. The court’s ability to uphold judicial independence will be closely watched in the coming months as Taiwan navigates these complex political waters.
