“11/22 Assembly Against Anti-Reform: Save the Constitutional Court! Protect our Democracy!” Opening press conference press release

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 Legislative Yuan President Han Kuo-yu (韓國瑜) has not yet convened cross-party consultations. However, as recent events show, the Legislative Yuan remains likely to review and pass amendments to the Constitutional Court Procedure Act at any moment.

Since the KMT launched this wave of law amendments in mid-October, we have seen more than 60,000 people and over 570 attorneys sign a petition in opposition; more than 300 attorneys and over 2,000 citizens have taken to the streets to protest. The "11/22 Assembly Against Anti-Reform," launched by more than ten NGOs, strives to address issues encompassing judicial reform, gender, labor rights, indigenous peoples, and environmental protection. Within the legal community, the Taiwan Bar Association along with seven other local bar associations have also publicly expressed their opposition to the legislative amendments. In addition to attorneys, many legal scholars have severely criticized Weng Hsiao-ling's (翁曉玲) proposed amendments. Most unusually, former Justices Huang Hung-hsia (黃虹霞) and Hsu Yu-hsiu (許玉秀) have also publicly voiced concerns regarding the problems posed by these amendments.

However, this wave of opposition from all walks of life has been ignored by the KMT.

Regarding the first demand raised by the NGO coalition on November 18—namely, that "the KMT should immediately withdraw the draft amendment to the Constitutional Court Procedure Act"—Legislator Weng Hsiao-ling made it clear that they will not withdraw the draft. She even doubled down by publicly stating: "Even if the amendment causes the Constitutional Court to be suspended for a long time, it will be a good thing." It appears the KMT no longer conceals its malicious intent to paralyze the Constitutional Court.

The second demand raised by the NGO coalition calls upon the Taiwan People's Party (TPP) to oppose the KMT's proposal.

In response, Huang Kuo-chang (黃國昌) of the TPP stated that it is inappropriate for the current law to lack a stipulation on the minimum quorum of justices required for a meeting, and announced that the TPP will propose its own version.

It is worth noting that whether to establish a minimum quorum for justices when the Constitutional Court makes decisions is certainly a legitimate matter for discussion and potential revision. However, this provision must be accompanied by relevant rules and measures, and the operation of the Constitutional Court—which performs an essential role in constitutional checks and balances—must not be halted through unilateral legislative amendments.

Furthermore, the TPP has yet to express its position on whether to raise the voting threshold. We call on the TPP to oppose this direction of amending the law. Particularly considering that when Huang Kuo-chang previously served as a legislator, he also believed the voting threshold for justices should be lowered from the former two-thirds to the current one-half. Our reform momentum must not regress, and we urge the TPP to oppose the KMT's trajectory in amending the law.

Of grave concern is that when the Act Governing the Legislative Yuan's Power (立法院職權行使法) was amended in May, the final article passed by the opposition alliance (the coalition of the KMT and TPP) was introduced at the eleventh hour on the day of the vote in the form of a "second-revised motion" (再修正動議).

Will the same tactics be deployed again during the KMT’s push to amend the Constitutional Court Procedure Act? Can the people of Taiwan be afforded a fair opportunity to engage in meaningful discussion before these critical amendments are subjected to a vote in the Legislative Yuan?

We solemnly appeal that regardless of whether it is the version currently under internal discussion by the TPP or potential drafts proposed by the opposition alliance, every citizen must be fully informed, and scholars and experts must be permitted to express their opinions prior to any vote in the Legislative Yuan. The ruling and opposition parties must not treat draft amendments as "top secrets." Instead, they must be brought into the sunlight to be scrutinized by all citizens and subjected to rigorous inspection and discussion, rather than forcing a vote.

The Constitutional Court is a judicial institution vested with 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 the separation of powers. Justices must adhere to Article 80 of the Constitution: "Judges shall be above partisanship and shall, in accordance with the law, hold trials independently, free from any interference."

Politicians certainly enjoy freedom of speech to criticize the judiciary. However, when politicians begin collectively and openly defying judicial decisions, and even attempt to abuse their power to silence the judiciary, it constitutes a grave attack on the constitutional order. We call upon the citizens of Taiwan to continue standing up, paying close attention to the actions of political parties that undermine our nation's democracy and rule of law, and issuing clear, stern warnings.

Some may think that the situation seems "not such a big deal" for now and that "it won't matter if the Constitutional Court ceases to function." But once Taiwan's rule of law is dismantled and it becomes commonplace for politicians and even government agencies to blatantly violate the law, it will be too late to express shock and wonder why we failed to prevent it while we still could.
We will continue to take action and stand firm on our demands. Please stand up now, together, to prevent the Constitutional Court from being paralyzed.

Press conference time

November 22, 2024 (Friday) 17:00

Media Contact

Judicial Reform Foundation
Legal Policy Director: Attorney Lu | Tel: 02-2523-1178 ext. 37 | Email: elvin@jrf.org.tw
Legislative Assistant: Lin Cheng-ching | Tel: 02-2523-1178 ext. 14 | Email: kacan@jrf.org.tw