The Taiwan Constitutional Court has resumed its operations after a significant ruling declared the 2024 amendment to the judiciary unconstitutional. The court had been inactive for nearly a year due to insufficient judges to meet the quorum requirements established by the amendment, which necessitates at least ten sitting judges for such declarations.
In a ruling delivered by five judges, the court highlighted that the legislative amendment, combined with the legislature’s refusal to confirm presidential appointments of judges, has severely hindered the judiciary’s core functions and compromised judicial independence. The amendment stipulated that a minimum of ten judges is needed to declare a law unconstitutional, with at least nine judges required to agree on the decision. As of October 31, 2024, only eight judges remained on the bench following the expiration of terms for seven judges, resulting in the court’s suspension of activities.
Three judges dissented, choosing not to participate in the case and questioning the validity of the ruling. They asserted that without the required quorum, the court lacked the jurisdiction to adjudicate. The leader of the Taiwan People’s Party, Huang Kuo-chang, echoed these sentiments, emphasizing that the original law mandates a two-thirds majority of current judges to adjudicate, meaning that at least six judges would need to agree for a law to be declared unconstitutional.
The ruling refuted this argument, stating that the refusal of the three judges to participate was akin to recusal under the original act and did not count toward the Constitutional Court’s sitting judges. Furthermore, the ruling noted that the amendment was passed with numerous procedural violations, including significant last-minute changes during the second reading and a lack of a vote during the third reading. The court criticized these actions for undermining principles of transparency and democratic accountability.
This situation marks a recurring issue for the legislative majority, which has previously faced criticism for procedural injustices. Notably, in May 2024, a refusal by the legislative majority to engage in dialogue with approximately 30,000 protesters outside the parliament highlighted tensions between political factions, particularly against the Kuomintang and the Taiwan People’s Party.
The current political environment in Taiwan is increasingly viewed as a constitutional crisis, exacerbated by the ruling Democratic Progressive Party’s failure to secure a legislative majority in the 2024 elections. Earlier this month, Executive Premier Cho Jung-tai called for the president to sign the amendment into law, accusing the legislative majority of attempting to violate the principles of separation of powers and procedural justice. In response, the legislative majority indicated its intent to challenge both the president and the premier.
As Taiwan navigates this complex political landscape, the ramifications of the Constitutional Court’s ruling will likely resonate throughout its judicial and legislative systems, potentially reshaping the balance of power within the government.
