The Taiwan Constitutional Court has resumed its operations following a ruling that declared the 2024 legislative amendment unconstitutional. This decision, reached on Friday, allows the court to function after being effectively sidelined for nearly a year due to insufficient judges to meet the quorum requirements established by the amendment.
According to the ruling, five judges argued that both the amendment and the refusal of the Legislative Yuan to affirm presidential appointments of judges have severely hindered judicial independence and the court’s essential functions. For a law to be declared unconstitutional, at least ten sitting judges are needed, with a minimum of nine concurring. However, as of now, only eight judges remain following the expiration of terms for seven judges on October 31, 2024, and the legislative body’s refusal to confirm new appointments.
Three judges dissented from the ruling and declined to participate in the case. They expressed that the justices must adhere to the constitution and stated that the court lacks the authority to adjudicate without the legally required number of judges. Huang Kuo-chang, leader of the Taiwan People’s Party, echoed this sentiment. He noted that even if the amendment were voided, the original legislation still demands participation from two-thirds of the current judges for adjudication, meaning six judges are necessary to declare a law unconstitutional.
In response to this dissent, the ruling clarified that the three judges’ refusal to adjudicate is akin to recusal and does not count towards the quorum. Additionally, the ruling found that the amendment had been passed with procedural violations, including significant changes made on the second reading day and the absence of a vote during the third reading. This was criticized as a breach of transparency and democratic accountability.
The ruling comes at a time when the legislative majority has faced scrutiny for perceived violations of procedural justice. In May 2024, protests erupted outside the parliament with around 30,000 demonstrators opposing the legislative majority’s actions against both the Kuomintang and the Democratic Progressive Party.
The current constitutional crisis in Taiwan has been exacerbated by the ruling party’s inability to secure a legislative majority in the recent elections. Earlier this month, Cho Jung-tai, the Executive Premier, accused the legislative majority of undermining the principles of separation of powers and procedural justice when he signed the amendment into law alongside the President.
In light of these developments, the legislative majority has announced its intention to appeal the ruling, indicating ongoing tensions between the various branches of government in Taiwan. This situation underscores the challenges faced by the Taiwanese judiciary in navigating political conflicts and maintaining its independence.
