The Taiwan Constitutional Court has resumed its operations following a ruling that declared the controversial 2024 amendment unconstitutional. This decision, issued on Friday, allows the court to function after being effectively sidelined for nearly a year due to the amendment, which stipulated that a minimum of ten judges was necessary to form a quorum. Currently, only eight judges remain, as the terms of seven judges expired on October 31, 2024, and the Legislative Yuan has not confirmed presidential appointments.
In the ruling, five judges articulated that the legislative amendment and the refusal to confirm judicial appointments have severely undermined the judiciary’s core functions, eroding its independence. The court had been unable to adjudicate cases since the amendment’s implementation, which has raised concerns about the judicial system’s integrity.
Judicial Independence and Legislative Controversy
Three judges dissented from the majority ruling, stating that the court’s inability to meet the required quorum meant it lacked the legal authority to make decisions. They emphasized that justices must adhere to the constitution and that judicial power cannot be exercised without the requisite number of judges. Their argument aligned with a statement from Huang Kuo-chang, leader of the Taiwan People’s Party, who noted that even if the amendment were invalidated, the original law mandated at least six judges to adjudicate cases declaring laws unconstitutional.
The ruling addressed these concerns by arguing that the dissenting judges’ refusal to participate equated to a recusal, thereby not counting them as part of the court’s active roster. Additionally, the court found procedural improprieties in the amendment’s passage. Significant changes occurred on the day of its second reading, and there was no vote during the third reading, both of which were criticized for violating principles of transparency and democratic accountability.
Political Context and Future Implications
This ruling is part of a broader context of political turmoil in Taiwan, especially following the 2024 elections, where the ruling Democratic Progressive Party lost its legislative majority. The situation has been described as a constitutional crisis, with criticisms directed at the legislative majority for not addressing public concerns during protests. Earlier this year, approximately 30,000 protesters gathered outside the parliament against the actions of the Kuomintang and the Taiwan People’s Party.
In a related development, Cho Jung-tai, the Executive Premier of Taiwan, accused the legislative majority of infringing upon the principles of separation of powers and procedural justice. The legislative body responded by asserting its intention to uphold its role in government, emphasizing its responsibilities to both the President and the Premier.
The recent ruling from the Constitutional Court not only re-establishes its operational capacity but also raises significant questions regarding the legislative process and the future of judicial independence in Taiwan. With ongoing political tensions, the implications of this ruling will likely resonate throughout the island’s governance in the coming months.
