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.

14Jan.
2022

Constitutional Court Amicus Curiae Brief | Status Act for Indigenous Peoples Case

Lin Chün-Ju (Lowking Lin), Ko Che-Yu (Yuri Yuko)

In the Constitutional Court's first oral argument after the Constitutional Court Procedure Act took effect, the JRF…

17Nov.
2021

Compulsory Labor: A Rehabilitative Measure Difficult to Distinguish from the Execution of Imprisonment

Lin Wei-Ting / Project Researcher, Judicial Reform Foundation

Following the Constitutional Court's October 2021 oral argument on Taiwan's compulsory-labor regime, this article asks…

30Oct.
2019

Can T'ai Li-shen Not Benefit from the "T'ai Li-shen Clause"? Press Conference

Judicial Reform Foundation

The Judicial Reform Foundation held a press conference titled "Can T'ai Li-shen Not Benefit from the 'T'ai Li-shen…

26May.
2018

Seminar | Academic Seminar on the Constitutional Interpretation Petition for Ch'iu Ho-shun

Judicial Reform Foundation

On the morning of February 9 this year, the Judicial Reform Foundation held a press conference at the Judicial Yuan…

09Feb.
2018

Ch'i Ho-shun Files Constitutional Interpretation Petitions to Eradicate "Three Evils": "Handcuffing for Confessions, Monopolization of Expert Testimony by Courts and Prosecutors, and Laundering of Evidence by Judges" — Press Conference on the Three Constitutional Interpretation Petitions in the Ch'i Ho-shun Case

Association for Judicial Reform, Taiwan

This morning (Feb. 9), the Judicial Reform Foundation held a press conference in front of the Judicial Yuan. Together…

10Jan.
2018

Grand Justices, Please Protect the Conscience of the Civil Service System! Press Conference on the Constitutional Interpretation Petition for Tai Li-shen's Dismissal Case

Judicial Reform Foundation

Between 2005 and 2016, Tai Li-shen worked at the Hsinchu County Livestock Disease Control Center. Like most civil…

13Dec.
2017

Grand Justices' Declarations of Unconstitutionality: Are the Courts Always Protecting Bad People?

Chou Yu-hsiu (Standing Executive Committee Member, Taiwan Association for Human Rights / Judicial Reform Foundation)

On December 1, 2017, the Judicial Yuan rather unusually issued two Judicial Interpretations on the same day, declaring…

01Dec.
2017

A Letter Finally Sent After Six Years! A New Breakthrough in Prison Reform: Press Conference on Chiou Ho-shun's Right to Prison Correspondence (Constitutional Interpretation Nos. 755 and 756)

Judicial Reform Foundation

This case originated from a letter sent from inside the detention center by Chiou Ho-shun, a prisoner in a wrongful…