TAIPEI – Taiwan’s opposition-controlled parliament has rejected calls to reconsider an amendment to the Constitutional Court Procedure Act, a move that President Lai Ching-te’s party and legal experts warn could undermine democracy and paralyse the island’s judicial system.
The contentious Bill, passed in December, raises the minimum requirements for the Constitutional Court to hear and decide cases. Critics argue that the new thresholds—requiring 10 justices to hear a case and nine to reach a decision—are “unconstitutional” and limit access to justice. Proponents claim the changes address inadequacies in the current system.
Parliament voted 62 to 51 on Friday to reject a request from Lai’s cabinet to review the Bill, which has faced widespread criticism from legal scholars and protests from the public.
Currently, the Constitutional Court has only eight justices, all appointed by the ruling Democratic Progressive Party (DPP). The opposition-led parliament had previously blocked President Lai’s nominees for the vacant seats, further complicating the court’s functionality under the new rules.
Premier Cho Jung-tai warned that the amendments would cause “severe damage” to Taiwan’s constitutional system. Legal experts like Lin Chien-chih, a professor at Academia Sinica, suggested that challenging the Bill in the Constitutional Court might be the only way to stop it before it becomes law.
Opposition lawmaker Lo Chih-chiang defended the amendments, accusing Lai of failing to negotiate bipartisan appointments to the court. “Can’t you find two justices without ‘green ideology’?” Lo asked, referencing the DPP’s political affiliations.
The Bill, part of a series of amendments passed in December, follows a broader struggle between the DPP and opposition parties, including disputes over recall thresholds and tax revenue allocations. These measures have deepened divisions in parliament and provoked public outcry.
President Lai’s DPP, which lost its parliamentary majority in January 2024, has faced criticism for failing to effectively negotiate with opposition leaders. Observers expect further constitutional challenges and political turbulence in the months ahead.