TAIPEI (Taiwan News) — Constitutional Court justice nominee Cheng Chun-hui (鄭純惠) appeared before the legislature Thursday to answer questions on key legal issues, including the death penalty, pretrial detention, and judicial transparency.
Lawmakers pressed Cheng on her past views and how she would approach constitutional interpretation if confirmed, per CNA.
KMT Legislator Hsu Hsin-ying (徐欣瑩) questioned Cheng about a Constitutional Court ruling requiring unanimous decisions from a panel of judges in death penalty cases, per UDN. Cheng responded that while capital punishment remains constitutional, its continued use should be subject to democratic debate.
Cheng added that the unanimous ruling standard is a matter that warrants further discussion, per RTI.
TPP Legislator Huang Shan-shan (黃珊珊) questioned Cheng on her stance toward the use of detention, per UDN. Cheng reaffirmed her opposition to the overuse of pretrial detention but acknowledged the need to balance individual rights with effective fact-finding during investigations.
Huang cited Cheng’s criticism of comments made in 2000 by then-Chief Prosecutor Huang Shih-ming (黃世銘), who suggested judges hesitate to detain wealthy or powerful defendants. At the time, Cheng, serving as a division chief judge, had argued in a published op-ed that prosecutors should rely on investigative methods beyond extracting confessions.
KMT lawmaker Weng Hsiao-ling (翁曉玲) raised concerns about the influence of constitutional interpretation, referencing the court's past decision to decriminalize adultery, per UDN. Cheng responded that while interpretations must remain grounded in the Constitution, judges should also be mindful of evolving societal values, particularly regarding minority rights.
When asked by DPP Legislator Chen Su-yueh (陳素月) about livestreaming court proceedings, Cheng noted that current laws already permit it with certain restrictions, depending on case specifics. She emphasized that transparency must be balanced with the rights of all participants, including witnesses compelled to testify.
DPP Legislator Chung Chia-pin (鍾佳濱) questioned whether the confirmation process was being politicized, citing KMT criticism over the death penalty, per Newtalk. Cheng responded that constitutional interpretation should be grounded in objective legal standards, not personal opinions.
Chung also criticized the legislature for failing to codify the unanimous sentencing requirement in law. Cheng agreed that the court’s decisions are binding and said existing laws should be amended accordingly.
Cheng concluded by reaffirming her commitment to upholding the Constitution and protecting fundamental rights, stating that the primary duty of a justice is to serve as a guardian of constitutional order.
