TAIPEI (Taiwan News) — Premier Cho Jung-tai (卓榮泰) has refused to sign amendments to the Act Governing the Allocation of Government Revenues and Expenditures, intensifying calls for the Constitutional Court to resume full operations to resolve disputes between branches of government.
In a highly controversial move, Cho said the revised budget allocation law crossed a constitutional red line and that the executive branch has no obligation to enforce legislation he described as unconstitutional, per Liberty Times. He argued that if the opposition disagreed with his approach, it could initiate a vote of no confidence, per CNA.
Cho is the first premier to refuse to countersign a law that has already been promulgated by the president, per CNA. Should the opposition pursue a no-confidence vote, it would trigger a reorganization of the Cabinet and potentially force the legislature into new elections, risking the slim majority the opposition secured in the 2024 general election and preserved through failed recall efforts targeting Kuomintang lawmakers.
Kaohsiung Mayor Chen Chi-mai (陳其邁) called on the opposition to allow the Constitutional Court to resume its functions, noting that one of the court’s core responsibilities is resolving constitutional disputes between branches of government, per CNA.
Constitutional Court justices are nominated by the president and must be confirmed by the Legislative Yuan. The court is authorized to have 15 justices but currently has only eight.
Under the previous rules, a constitutional review could proceed as long as two-thirds of active justices participated and at least half of the active justices ruled a law unconstitutional for its decision to have effect. However, after the opposition passed amendments to the Constitutional Court Procedure Act, at least 10 justices must now participate in a case, and no fewer than nine must agree that a law is unconstitutional for a ruling to take effect.
President Lai Ching-te (賴清德) has twice submitted nominees to fill the vacancies, but all were rejected by the opposition, in some cases with support from Democratic Progressive Party legislators. The DPP has accused the opposition of deliberately paralyzing the court, while Kuomintang Legislator Weng Hsiao-ling (翁曉玲) said the government failed to put forward suitable nominees, per Newtalk.
Some sitting justices and legal scholars have argued that the court should review the constitutionality of the amended Constitutional Court Procedure Act. However, with three justices insisting the court must adhere strictly to the amended law, the body has been unable to meet even the former quorum requirements, leaving it effectively unable to act.




