Press Release | "November 22 Citizens' Guarding the Constitution Evening Rally" Press Conference

Today, the Legislative Yuan has not scheduled the review of the Constitutional Court Procedure Act, nor has President Han Kuo-yu convened cross-caucus consultations yet. However, as we have recently witnessed, the Legislative Yuan may still quickly schedule and pass the amendments to the Constitutional Court Procedure Act at any time.

Since the Chinese Nationalist Party (KMT) initiated this wave of legislative amendments in mid-October, we have witnessed over 60,000 citizens and more than 570 attorneys sign a petition in opposition, with over 300 attorneys and 2,000 citizens taking to the streets in protest. The more than ten civic groups initiating the "November 22 Citizens' Guarding the Constitution Evening Rally" span across fields such as judicial reform, gender rights, labor rights, indigenous rights, and environmental protection. Within the legal community, the Taiwan Bar Association and seven other local bar associations have publicly expressed opposition to the amendments. In addition to attorneys, many legal scholars have levied severe criticism against Weng Hsiao-ling's amendments. Even more rarely, former Grand Justices Huang Hung-hsia and Hsu Yu-hsiu have both publicly voiced problems with the current amendments in the media.

However, this wave after wave of opposition from all sectors of society has fallen on deaf ears within the KMT.

Regarding the first demand raised by civic groups on November 18, namely that "the KMT should immediately withdraw the draft amendments to the Constitutional Court Procedure Act," Legislator Weng Hsiao-ling explicitly stated that they will not withdraw the draft. She even publicly stated: "Even if it causes a prolonged paralysis of the Constitutional Court, that is fine." It appears the KMT is no longer hiding its malicious intent to paralyze the Constitutional Court.

The second demand is to call upon the Taiwan People's Party (TPP) to oppose the KMT's proposal.

In response, TPP caucus convener Huang Kuo-chang said that it is inappropriate for the current law not to stipulate a quorum for Grand Justices to hold meetings, and that the TPP will propose its own version.

We must remind everyone that the quorum for Grand Justices to hold meetings can certainly be discussed and amended. However, this regulation must be accompanied by supporting measures, and the operation of another constitutional organ—the Constitutional Court—must absolutely not be halted through a one-sided legislative amendment. If a meeting quorum is to be mandated, there must be supporting measures to ensure the Constitutional Court can still operate normally after the amendment.

Furthermore, regarding whether to raise the voting threshold, the TPP has yet to state its position. We call upon the TPP to oppose this legislative direction. In particular, when Legislator Huang Kuo-chang served as a legislator in the past, he also believed that the voting threshold for Grand Justices should be lowered from the previous two-thirds to the current one-half. Reform cannot go backward; we call on the TPP to oppose the KMT's legislative direction.

What is concerning is that when amending the Act Governing the Legislative Yuan's Power in May, the provisions ultimately passed by the opposition alliance were temporarily proposed on the day of the vote in the form of a "second revised motion." Although there were previous versions before this, none were the final provisions to be passed.

Will this situation happen again in this amendment to the Constitutional Court Procedure Act? Can the people of Taiwan not fully discuss the provisions to be voted on prior to the vote?

We solemnly call upon all parties that, whether it is the version currently being deliberated within the TPP or the consensus version of the opposition alliance in the future, it must be fully made known to everyone and allow scholars and experts to express their opinions before being submitted to the plenary session for a vote. Political parties in the ruling and opposition camps should not treat the draft amendments as "top secret"; instead, they should be laid out in the sunshine for public inspection, strict scrutiny, and discussion, rather than being forced through a vote.

The Constitutional Court is a judicial organ exercising the power of judicial review in accordance with the Constitution, independently conducting trials in upholding the spirit of human rights protection and checks and balances enshrined in the Constitution. Grand Justices, as judges, also act in accordance with Article 80 of the Constitution: "Judges shall be beyond partisan affiliation, hold trials independently in accordance with the law, and be free from any interference."

Politicians certainly have the freedom of speech to criticize the judiciary. However, when politicians begin collectively and openly defying judicial rulings, and even attempt to silence the judiciary through their power, it constitutes a severe attack on the constitutional system. We call upon Taiwan's citizens to continue standing up, pay attention to the actions of political parties undermining our democracy and rule of law, and clearly issue a stern warning.

Some might think that right now it might seem like "no big deal" and that "the Constitutional Court won't experience anything catastrophic even if it doesn't operate"; but when Taiwan's rule of law is destroyed, and political parties or even government agencies openly violating the law becomes commonplace, people will suddenly realize: why has it come to this point, and how can it be prevented?

We will continue to take action and steadfastly uphold our demands. We ask everyone to stand together now to prevent the Constitutional Court from being paralyzed.

Press Conference Time

Friday, November 22, 2024, 17:00

Press Conference Location

Outdoor stage outside Qunxian Building, No. 1, Sec. 1, Jinan Rd., Zhongzheng Dist., Taipei City

Attendees

Huang Hsu-t'ien ｜ Chairperson, Judicial Reform Foundation
Lin Yung-sung ｜ Standing Board Director, Judicial Reform Foundation
Pan Wei-yu ｜ Board Director, Citizen Congress Watch
Huang Sung-li ｜ Director of Policy Center, Covenants Watch
Chen Li-chen ｜ Executive Secretary, Taiwan Association for Criminal Defense

Press Contacts

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