Taipei: Opposition Kuomintang (KMT) lawmakers on Monday filed a legal complaint accusing five Constitutional Court justices of rendering an "illegal ruling" to strike down reforms of the court it passed last year. Speaking to reporters at the Taipei District Prosecutors Office, the lawmakers stated that the five of the court's eight justices who issued the ruling had violated the Criminal Code by proceeding without the legal minimum number of judges.
According to Focus Taiwan, Taiwan's Constitutional Court has been largely inactive since amendments passed by the opposition-controlled Legislature took effect on January 25, 2025. These amendments require a minimum of 10 judges to hear a case and backing from nine judges to find a law unconstitutional. This requirement has immobilized the 15-seat court, which currently has only eight members after seven completed their terms last October, with the opposition blocking President Lai Ching-te's nominations to fill the vacancies.
The ruling Democratic Progressive Party (DPP) claims that the KMT is intentionally paralyzing the court to avoid scrutiny of its legal amendments and has filed a petition urging the Constitutional Court to strike down the reforms. The KMT, on the other hand, views the current court as politically biased, as all its members were appointed when the DPP controlled the presidency and Legislature.
Last Friday, the court struck down the opposition's amendments to the Constitutional Court Procedure Act, allowing it to resume hearings and rulings on cases. The ruling stated that the amendments violated the constitutional principle of separation of powers and obstructed the judges from carrying out their duties. This decision was controversial, as it was issued without oral arguments or a public hearing.
Three of the court's sitting judges criticized the ruling, suggesting that the impasse should be resolved politically by appointing and confirming new judges. KMT Legislator Wang Hung-wei raised concerns that the ruling was issued without the legal minimum of 10 judges, violating even the previous requirement of at least two-thirds of the sitting justices.
As of Monday afternoon, there was no indication of a compromise on appointing new Constitutional Court justices. Without a resolution, it is unclear if the court will resume a normal schedule of hearings and rulings, potentially continuing the standoff that affects other branches of Taiwan's government.
Last week, the government refused to enforce amendments passed by the Legislature to increase tax revenue allocations to local governments, citing the Constitutional Court's dysfunction. If the court resumes ruling on cases, the opposition-controlled Legislature could respond by hindering the government's legislative agenda.
The KMT and the Taiwan People's Party have threatened to impeach President Lai over his failure to implement the revenue-sharing law. However, such a measure would require significant legislative support and would then need to be addressed by the Constitutional Court. Alternatively, the Legislature could pass a motion of no confidence against Premier Cho, leading to potential legislative elections within 60 days.