Constitutional Litigation / Constitutional Interpretation

Constitutional Litigation / Constitutional Interpretation

Overview of the JRF Constitutional Litigation Special Task Force, including its complaint intake guidelines, past public-interest cases, and ongoing efforts regarding constitutional review in Taiwan.

Besides issues within individual court rulings themselves, the unreasonableness of court judgments may also stem from flaws or omissions in the laws enacted by legislators. To address this, Taiwan has established a Constitutional Court, where Grand Justices specialize in handling issues of unconstitutional laws. This gives citizens the opportunity to challenge flawed legislation and thereby fulfills the purpose of safeguarding rights. Moreover, following long-term advocacy, starting January 4, 2022, the unconstitutionality of judicial rulings themselves also became a subject of review by the Constitutional Court. Consequently, people can finally file constitutional litigation against unconstitutional court judgments.

To focus on the constitutional review system—which carries a high degree of public interest and profoundly impacts Taiwan's rule of law development—the Judicial Reform Foundation (JRF) continues to operate the "Constitutional Litigation Special Task Force" and has established an internal assistance mechanism for public-interest cases. Information regarding the work and complaints procedure of the Constitutional Litigation Special Task Force is outlined below:

  1. Complaint Center Accepts Public Complaints

  1. Acceptance Criteria

  • Within 6 months after receiving the final and binding judgment following the exhaustion of all remedies (see the Constitutional Court official website for details).
  • Fundamental human rights protected by the Constitution or human rights conventions have suffered severe infringement, involving major public interest.
  • Due to limited manpower, as a rule, we do not accept cases concerning "unconstitutional court judgments" (review of rulings by the Constitutional Court), but instead focus on cases concerning "unconstitutional laws" (review of legal norms). (For issues regarding unconstitutional judgments, the public is advised to retain a lawyer).
  1. How to File a Complaint(Complaints via telephone or LINE are strictly not accepted)

  • Email: policy@jrf.org.tw.
  • Postal Mail: 7F., No. 3, Lane 90, Sungjiang Rd., Zhongshan Dist., Taipei City 10456, Taiwan (Attn: Constitutional Litigation Special Task Force, Judicial Reform Foundation).
  1. Required Information

  • The final and binding judgment for which constitutional litigation is sought (for physical documents, please provide copies and keep the originals for yourself).
  • The unconstitutional laws or regulations.
  • Grounds for unconstitutionality (an overview of why the law/regulation is unreasonable).
  1. Examples of public-interest cases previously assisted by this task force include:

  1. Q & A

Please refer to the Constitutional Court Frequently Asked Questions.

  1. Establishment of the "Pro Bono Lawyers Group" to Assist Citizens in Filing for Constitutional Interpretations

The JRF Constitutional Litigation Special Task Force is convened by Attorney Chou Yu-hsiu, Standing Executive Committee Member of the JRF, and is composed of dozens of lawyers and researchers. The task force holds regular meetings every two months to discuss legal issues and complaint cases. If it is determined that assistance or opinions should be provided, a pro bono lawyers group will be formed to handle the case.

  1. In addition to assisting individuals with petitions, the task force also submits amicus curiae briefs on important legal disputes involving significant public interest.

  1. Continuous Monitoring of the Implementation of the System for Constitutional Litigation on Judicial Rulings

In addition to assisting the public in filing constitutional remedies for public-interest cases, we will also continuously monitor the implementation of the system to more comprehensively safeguard citizens' constitutional rights. For advocacy regarding the systemic reform of constitutional litigation, please refer to this link.

18Oct.
2024

Joint Statement by Civil Society Organizations: The Constitutional Court Must Not Grind to a Halt! Opposition Parties Must Not Paralyze the Constitutional Court and Hold Citizens' Right of Access to Court Hostage

Joint Statement

Today (October 18), the Legislative Yuan moved KMT Legislator Weng Hsiao-ling's draft amendment to the Constitutional…

20Sep.
2024

Press Release | "Beyond the Death Penalty, the Government Should Do More"—Judicial Reform Foundation Press Release on Constitutional Court Judgment No. 8 of 2024

Association for Taiwan Judicial Reform

The Foundation expresses its regret regarding the ruling rendered by the Constitutional Court. The Constitutional…

06Aug.
2024

Constitutional Grand Debate | JRF's Legal Opinions on the Unconstitutionality of the "Congressional Reform / Power Expansion Bills"

Judicial Reform Foundation

Regarding the Constitutional Court's August 6 review of the case concerning the unconstitutionality of the…

31Jul.
2024

Constitutional Court Amicus Curiae Brief | Legislative Reform / Power-Expansion Act Unconstitutionality Case (Constitutional Court 113年度憲立字第1號)

Judicial Reform Foundation

Regarding the statutory constitutional review petition filed by legislators (Case 113年度憲立字第1號) and its consolidated…

30May.
2024

Amicus Curiae Brief to the Constitutional Court | Unconstitutionality of the Statutory Fiction of Fixed Remaining Sentences Following the Revocation of Parole for Life Imprisonment

Judicial Reform Foundation

Regarding the petition for a constitutional review of legal norms filed by individuals in Case No. 333 (Year 109 of the…

30May.
2024

Amicus Curiae Brief to the Constitutional Court | Case on Excessively Low Prisoner Remuneration

Judicial Reform Foundation

29May.
2024

Amicus Curiae Brief to the Constitutional Court | Case on Insufficient Protection of Litigation Rights for Minor Victims of Sexual Offenses

Judicial Reform Foundation

Amicus curiae brief submitted pursuant to Article 20, Paragraph 1 of the Constitutional Court Procedure Act and the…

28May.
2024

Will the "Parliamentary Reform" Controversy Reach the Constitutional Court? - 5 Constitutional Litigation Tips for Citizens

Judicial Reform Foundation

Today, amidst considerable controversy, the Legislative Yuan passed the third reading of the Act Governing the…

24Apr.
2024

2024.04.23 Constitutional Court | Death Penalty Case Oral Argument | Attorney Li Nien-tsu

Li Nien-tsu, Attorney-at-Law and Litigation Counsel for this Case

24Apr.
2024

2024.04.23 Constitutional Court | Oral Argument on the Death Penalty | Attorney Li Hsuan-yi

Li Hsuan-yi, Attorney and Litigation Agent for this Case

23Apr.
2024

JRF Statement Supporting the Abolition of the Death Penalty | "Bidding Farewell to the Death Penalty: The Government Must Assume Responsibility for Crime Prevention and Protecting Crime Victims"

Judicial Reform Foundation

23Apr.
2024

Statement | Reports and commentaries alleging that "the Constitutional Court has selected amicus curiae leaning toward the abolition of the death penalty" do not accord with facts

Judicial Reform Foundation

Today (April 23), our Constitutional Court held oral arguments regarding the "constitutionality of the death penalty."…