Statement | Multiple Provisions of Legislative Expansion of Power Found Unconstitutional; Legislative Yuan Must Promptly Review Grand Justices' Personnel Consent Appointments in Accordance with Constitutional Judgment

The Constitutional Court rendered its judgment today on the "Act Governing the Legislative Yuan's Power and Other Cases," bringing a temporary close toকার্য爭議 regarding the exercise of personnel consent appointments under the Act Governing the Legislative Yuan's Power. The Legislative Yuan may now exercise its personnel consent appointment power in accordance with the intent of Constitutional Court Judgment No. 9 of 2024.

Next Thursday, October 31, seven Grand Justices will step down; however, the Legislative Yuan has yet to schedule the review of the nominees for Grand Justices. Considering that the Legislative Yuan requires adequate deliberation, the Constitutional Court will face a nearly 50 percent vacancy rate for at least one month, which will impact its normal exercise of constitutional adjudication functions. Regarding the situation where the Legislative Yuan passively fails to exercise its consent power, thereby rendering other constitutional organs unable to function, Judicial Yuan Interpretation No. 632 has long explicitly stated that this will result in damage to the integrity of the national constitutional system, which is not permitted by the Constitution.

In light of this, the "Alliance for Civil Supervision of Judicial Yuan Grand Justice Nominees," composed of 14 civil society organizations including the Alliance for Constitutional Reform, Taiwan Association for Human Rights, Taiwan Labor Front, Awakening Foundation, Taiwan Alliance to Promote Civil Partnership Rights, Citizen Congress Watch, Covenants Watch, Taiwan Alliance to End the Death Penalty, Judicial Reform Foundation, Taiwan Association of Criminal Defense Lawyers, Disabled People's International Republic of China, Environmental Jurists Association, Taiwan Innocence Project, and Taipei Bar Association, jointly calls upon all political parties in the Legislative Yuan to promptly convene caucus negotiations to schedule the review of the personnel cases for the "Nominees for the President, Vice President, and Grand Justices of the Judicial Yuan." They must not delay or boycott the review, thereby indefinitely extending the vacancy of the President of the Judicial Yuan and the severe shortage of Grand Justice seats on the Constitutional Court, which obstructs the normal operation of Taiwan's constitutional government.

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Press Contact

Lü Cheng-yen, Director of the Legal Policy Department, Judicial Reform Foundation (Attorney at Law)
Phone: 02-2523-1178#37
Email: elvin@jrf.org.tw