Today, the Legislative Yuan has not scheduled a review of the proposed amendment to the Constitutional Court Procedure Act (《憲法訴訟法》修正草案), and the Legislative Yuan President Han Guoyu (韓國瑜) has not yet held consultations. But as we have seen recently, the Legislative Yuan is still likely to review and pass amendments to theConstitutional Court Procedure Act at any time soon.

Since the KMT launched this wave of law amendments in mid-October, we have seen more than 60,000 people and more than 570 lawyers sign a petition to oppose it; more than 300 lawyers and more than 2,000 people have taken to the streets to protest. The  "11/22 Assembly Against Anti-Reform", launched by more than ten NGOs, strove to address issues encompassing judicial reform, gender, labor rights, indigenous peoples, and environmental protection. In the legal community, the Taiwan Bar Association along with seven other local bar associations have also publicly expressed their opposition to the law revision. In addition to lawyers, there are also many legal scholars who have severely criticized Weng Xiaoling's (翁曉玲) amendments to the law. What is even more rare is that former Justices Huang Hongxia (黃虹霞) and Xu Yuxiu (許玉秀) also publicly expressed the problems of this law revision.

However, this wave of opposition from all walks of life was not listened to by the KMT.

Regarding the first demand raised by the NGO coalition on November 18, that is, "the KMT should immediately withdraw the draft amendment to the Constitutional Court Procedure Act." Legislator Weng Xiaoling made it clear that they will not withdraw the draft. She even doubled down by publicly stating: "Even if the amendment will cause the Constitutional Court to be suspended for a long time, it will be a good thing." It seems that the KMT no longer conceals its ill intention in paralyzing the Constitutional Court.

The second demand raised by the NGO coalition is to call on the "Taiwan People's Party" to oppose the KMT's proposal.

In this regard, Huang Guochang (黃國昌) of the Taiwan People's Party (TPP) said that it is inappropriate that the current law does not stipulate the minimum number of people for a meeting of justices, and the TPP will propose its own version.

It is worth noting that whether to set a minimum number for justices in the constitutional court in making decisions is certainly a legit matter for discussion and possible modification. However, this provision must be accompanied by relevant rules and measures, and the operation of Constitutional Court, which performs an essential role in constitutional check and balance, must not be stopped through unilateral legislative amendments. 

In addition, the TPP has not yet expressed its position on whether to raise the voting threshold. We call on the TPP to oppose this direction of amending the law. Especially considering that when Huang Guochang was a legislator in the past, he also believed that the voting threshold for justices should be lowered from the past ⅔ to the current ½. Our drive for reform must not regress, and we call on the TPP to oppose the direction of the KMT in amending the law.

What is worrying is that when the Legislative Yuan Functioning Act (立法院職權行使法) was amended in May, the final article passed by the Opposing Parties Alliance (coalition of KMT & TPP) was temporarily proposed in the form of a "re-amendment motion (再修正動議)" on the day of the vote. 

Will the same tactics be used again during KMT’s push for amending the Constitutional Court Procedure Act? Can the people of Taiwan have the fair chance to engage in a meaningful discussion before the critical amendments undergo the voting procedure in the Legislative Yuan?

We would like to solemnly appeal that whether it is the version currently being discussed internally by the TTP or possible drafts proposed by the Opposing Parties Alliance, every citizens must be fully informed and scholars and experts should be able to express their opinions before the vote in the Legislative Yuan. The ruling and opposition parties should not treat the draft amendment as a "top secret". Instead, it should be put out in the sun to be tested by all citizens, and subject to strict inspection and discussion, rather than forcing a vote.

The Constitutional Court is a judicial institution that holds the power to review constitutional violations in accordance with the Constitution. It conducts trials independently in the spirit of the Constitution's protection of human rights and checks and balances of power. The justices must follow Article 80 of the Constitution: "Judges must be independent of party affiliation and judge independently in accordance with the law, without any interference."

Politicians certainly have the freedom of speech to criticize the judiciary. But when politicians begin to collectively and openly defy judicial decisions, and even attempt to abuse their power to silence the judiciary, it is a serious attack on the constitutional system. We call on the citizens of Taiwan to continue to stand up, pay attention to the actions of political parties that undermine our country's democracy and the rule of law, and give clear and stern warnings.

Some people may think that it may seem "not a huge deal" now and "it will not matter if the Constitutional Court does not operate." But when Taiwan's rule of law is destroyed and it becomes commonplace for politicians and even government agencies to blatantly violate the law, it will be too late to be surprised and wonder why we did not prevent it when we could.
We will continue to take action and insist on our demands. Please stand up now and together to prevent the Constitutional Court from being paralyzed.

Press conference time

November 22, 2024 (Friday) 1700

Media Contact

Judicial Reform Foundation
Legal Policy Director: Attorney Lu | Tel: 02-2523-1178 ext. 37 | Email: [email protected]
Legislative Assistant: Lin Cheng-ching | Tel: 02-2523-1178 ext. 14 | Email: [email protected]