Constitutional Litigation / Constitutional Interpretation

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).

2. 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).

2. 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).

4. Examples of public-interest cases previously assisted by this task force include:

• Hsu Tzu-chiang Constitutional Interpretation Case (Are self-incriminating statements made by a co-defendant unconstitutional when used as evidence of guilt against another co-defendant?)
• Minor Offense Parole Revocation Constitutional Interpretation Project
• Hsu Kuo-yao Unjust Dismissal Case and its Amicus Curiae Brief
• Tai Li-shen Whistleblower Dismissal Case
• Unconstitutionality Project on Crimes of Manufacturing, Trafficking, and Transporting Drugs
• Su Chien-ho and Two Others' Case on Attributable Confessions Extorted under Torture for Criminal Compensation Reduction
• Case Where Rulings on Determining Cumulative Sentences Cannot Be Appealed to the Third Instance and Thus Cannot Be Interposed (Regarding Supreme Court Rulings Only)

2. Q & A

Please refer to the Constitutional Court Frequently Asked Questions.

3. 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.

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

5. 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.