Lawyers to take to streets in protest against Constitutional Court bill

Taipei, Nov. 12 (CNA) More than 100 lawyers across Taiwan are expected to march through the streets of Taipei on Nov. 16 to call for the withdrawal of an amendment bill they fear would "cripple" the Constitutional Court's operations.

Also read: Key takeaways from Constitutional Court ruling on legislative oversight amendments

At a news conference in Taipei on Tuesday, a group of lawyers who launched the initiative expressed concern over the proposed amendment to the Constitutional Court Procedure Act sponsored by opposition Kuomintang (KMT) lawmakers in October.

Lawyer Jacob Lin (林俊宏) said the bill, which would make it incredibly difficult for justices to rule on Constitutional Court cases, risked "crippling" the court's operations and "restricting" the public's access to rulings in cases where they believe their rights have been violated.

Of the 862 rulings the Constitutional Court has issued since 1949, around 95 percent have concerned the basic rights of citizens, Lin added.

The bill seeks to legislate that a minimum of 10 justices must preside over a Constitutional Court case, reversing an existing rule that requires at least two-thirds of incumbent justices to be present. 

Under the bill, a ruling would also require the support of at least two-thirds of the 15 judges -- 10 votes -- instead of the current simple majority requirement.

The Constitution’s additional articles stipulate that a Constitutional Court comprises 15 justices. However, there are currently only eight serving due to the departure of the other seven at the end of October after completing their eight-year terms.

KMT Legislator Weng Hsiao-ling (翁曉玲), the main sponsor of the bill, previously said the proposed amendment was meant to "ameliorate" the court's review protocols and guarantee that Constitutional Court judgements "reflect diverse opinions and perspectives."

Weng maintained that the proposed revision would prevent future court rulings from being "dominated by a minority of justices," which she believed would "result in a decline in public trust" in the Constitutional Court.

However, former Supreme Court judge Chien Chien-jung (錢建榮) rejected Weng's arguments, noting that the current single majority rule had ensured greater efficiency in the Constitutional Court review process.

He criticized KMT legislators for "deliberately" seeking to "bring the Constitutional Court to a standstill" by bringing back the two-thirds majority requirement.

Chien, who also practices law, said after the single majority rule was introduced in 2022 to replace the supermajority, the court had been able to start issuing approximately 20 rulings yearly.

Between 2008 and 2016, when a ruling required the support of two-thirds of presiding justices, Chien continued, the court could barely manage to rule on more than 10 cases a year, while many petitions for Constitutional Court review were either postponed or dismissed.

Meanwhile, lawyer Hong Wei-sheng (洪偉勝) noted that impeding Constitutional Court operations would also mean presidents and vice presidents would no longer face impeachment.

This is not a matter of disagreements between the ruling Democratic Progressive Party and the KMT at the Legislature, Hong went on, but an issue "concerning the constitutional system of our country."

According to Taiwanese law, the impeachment of a president or vice president must be proposed and approved by the Legislature before being sent to the Constitutional Court for a final nod.

The KMT's bill is likely to be put to a vote on the legislative floor as early as Nov. 18, and its passage would lead to a shutdown of the Constitution Court, which currently only comprises eight justices following the departure of seven others at the end of October.

Lawmakers in the Legislature have yet to schedule confirmation hearings for the seven justice nominees appointed by President Lai Ching-te (賴清德).

According to lawyer Lai Chung-chiang (賴中強), some 153 lawyers across Taiwan had signed up for Nov. 16's protest march as of Tuesday morning.

The procession will set out at 2:30 p.m. from the north entrance of 228 Peace Park and head toward the Legislative Yuan, where scholars and lawyers will give brief talks, said Lai, who also convenes the Taipei-based thinktank Taiwan Economic Democracy Union.