Thu, Sep 18, 2025 page3

• Groups urge end to justice deadlock

  IMPASSE: The court has been left with just eight justices for almost a year, while opposition amendments require 10 justices to be present for the court to function

  • By Hsieh Chun-lin, Liu Wan-lin and Jason Pan / Staff reporters
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  All political parties should work together to overcome the impasse at the Constitutional Court and provide more transparency on new justice nominees by President William Lai (賴清德), advocacy groups and legal activists said at a news conference yesterday.

  The Constitutional Court has been immobilized for 235 days since the Chinese Nationalist Party (KMT) and the Taiwan People’s Party (TPP) on Jan. 25 passed amendments to the court’s functioning, said Lee Ming-ju (李明洳), deputy director of the Judicial Reform Foundation.

  In amending the Constitutional Court Procedure Act (憲法訴訟法), the opposition parties raised the threshold required for constitutional rulings to more than two-thirds of presiding justices, from half previously, Lee said, adding that the seats of seven justices remain empty since their terms’ expiry almost a year ago.

  

  Legal activist groups hold placards and pose for a photograph at a news conference in Taipei yesterday.

  Photo: Chen Chih-chu, Taipei Times

  According to amendments approved by the legislature, the Constitutional Court must have at least 10 justices present to assess a case and issue a judgement, and an “unconstitional” ruling must have the agreement of at least nine justices.

  Seven justices completed their terms by the end of October last year. The court now has eight justices remaining, effectively shutting down the court, while 360 cases are still pending, more than 90 percent of which were filed by the public.

  Meanwhile, opposition legislators used their combined majority in the legislature to vote against two rounds of nominees to fill the vacancies, Lee added.

  “They are using their power to confirm justice nominees to engage in a political power struggle,” she said.

  “The aims of the opposition parties are to paralyze the Constitutional Court, as each day it is not functioning means it cannot rein in on abuse of powers by the Legislative Yuan and the Executive Yuan, which confers an advantage to the opposition parties,” Lee said.

  The only way to break the impasse is for the court itself to rule with its current justices on whether the amendments to the Constitutional Court Procedure Act contravene the Constitution, Lee added, criticizing the justices for remaining silent on the matter.

  The impasse has deprived the public of the right to file for constitutional interpretations on cases they believe involve serious rights violations, so the justices have the responsibility to assess the amendment and determine its unconstitutional aspects to end the standoff, said Lin Shih-fang (林實芳), board member of women’s rights group the Awakening Foundation.

  Covenants Watch director Huang Yi-pi (黃怡碧) said the Constitutional Court must function independently and without political interference, as it is a mark of a democracy to safeguard the rights of its citizens.

  Huang urged Lai to amend the nomination process to have more transparency and open it up for more participation by civil society groups to gain the public’s trust.

  Other speakers urged the opposition not to persist in political wrangling and to stop using the nominees as “sacrificial lambs” in their confrontation against the ruling party.

  DPP Legislator Chuang Jui-hsiung (莊瑞雄) said he supports the calls, saying that “when the Constitutional Court remains silent, democracy is on the path to destruction.”

  TPP legislative caucus director Chen Chao-tzu (陳昭姿) said that Lai should first confer with the opposition on the new nominees, adding that it is possible to reach some agreement that only would need to confirm two new nominees for the Constitutional Court to start its work.

  KMT caucus secretary-general Lo Chih-chiang (羅智強) said that Lai should work with the opposition to negotiate for new nominees for the court to function.
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