TAIPEI (Taiwan News) — Legal experts are worried about the survival of Taiwan’s top court after opposition-backed amendments.
The Constitutional Court Procedure Act, CCPA, amendment by the KMT and TPP raises the minimum number of justices required to pass a ruling to 10 out of 15. Previously, it required the support of the majority, reported Nikkei Asia.
In addition, after seven justices’ terms expired in October, the opposition parties rejected all the government's proposed nominees. Only eight judges remain, bringing the court well below the minimum requirement decided in the new law.
The Taiwan Bar Association condemned the changes. "This will make it difficult for the Constitutional Court to operate and causes serious damage to our country's constitutional system," it stated.
Former Justice Huang Hong-hsia (黃虹霞) argued the court should not be bound by the CCPA. She said it could disregard “unconstitutional legislative provisions” to sustain operations.
Academia Sinica legal expert Lin Chien-Chih (林建志) also said the court could strike down the opposition's amendment as unconstitutional, despite lacking the new quorum.
The changes come as opposition lawmakers accused the court of catering to the DPP government. The Constitutional Court notably struck down most of the expanded legislative powers sought by the opposition last year.
Opposition lawmakers argued that mandating at least 10 justices be present is "in line with the spirit of democracy.” They pointed to an opinion poll that showed almost 50% of the public supported the proposed changes.