TAIPEI (Taiwan News) — Kuomintang (KMT) and Democratic Progressive Party (DPP) legislators clashed over amendments to the Constitutional Court Procedure Act (CCPA) during a Judiciary and Organic Laws and Statutes Committee meeting on Monday (Oct. 22).
The proposed amendments would change the requirement for the total number of incumbent justices to the total number of justices, which is set at 15. Additionally, the threshold for reaching a decision would increase from a simple majority of 1/2 to a supermajority of 2/3.
Critics, including the Judicial Yuan, argue that these changes could obstruct the effective functioning of the Constitutional Court, per CNA. The Judicial Yuan pointed out that several articles within the CCPA exclude justices from voting on final decisions if they do not attend preceding procedures.
Due to those articles, they expressed concern that the court's legal functions could be hindered solely due to procedural reasons. Further complicating matters, the Judicial Yuan noted that Taiwan lacks provisions to extend a justice’s term or appoint a temporary justice if a suitable candidate is unavailable.
They warned this absence of rules could exacerbate delays in confirming future justices. The Judicial Yuan emphasized that the Constitutional Court is the only body authorized to perform judicial reviews, making its operations crucial to Taiwan’s democracy.
They believe the latest amendments could deprive the nation of essential legal protections.
This sentiment was echoed in a joint statement from various organizations, including the Taiwan Association for Human Rights and the Taiwan Criminal Defense Attorney Association. The statement condemned the amendments and urged legislators not to politicize the judicial process, calling on the public to remain vigilant.
KMT Legislator Weng Hsiao-ling (翁曉玲), who proposed the changes, stated that her goal was to align the Constitutional Court’s standards more closely with those of Japan and France. She noted that seven of the 15 justices will reach the end of their terms by Oct. 31, potentially allowing decisions to be made by as few as eight judges, per CNA.
Weng criticized the idea of such a minimal decision-making body, suggesting it could be an attempt by the DPP to seize control of the court. During the meeting, she clarified that she intended to ensure a diversity of perspectives in court proceedings, denying any plans to paralyze the court or boycott the justices, per CNA.
In response, DPP Secretary-General Wu Szu-yao (吳思瑤) implied that the KMT has long targeted the Constitutional Court for political gains.