TAIPEI: The Cabinet announced on Thursday its intention to request a revote on the controversial Constitutional Court reform bill passed on December 20. This move highlights the ongoing stalemate between the central government and the opposition-controlled Legislature, with little indication of a resolution in sight.
According to Focus Taiwan, the Cabinet's request for a revote, backed by the president, will be submitted to the Legislature, where the opposition parties are expected to pass the reforms again. The proposed amendments, driven by opposition lawmakers, aim to increase the number of justices required for the Constitutional Court to hear and decide cases. Specifically, the legislation mandates the presence of at least 10 justices, with nine needed to declare a ruling unconstitutional, diverging from the current requirement of a two-thirds quorum of sitting justices and a simple majority vote.
The bill's passage was facilitated by the opposition parties Kuomintang (KMT) and Taiwan People's Party (TPP), which together hold a majority of 62 seats in the 113-seat Legislature, overshadowing the ruling Democratic Progressive Party's (DPP) 51 seats. This political dynamic complicates any efforts by the government to alter the outcome of the legislative process.
The reform bill compounds existing issues within the Constitutional Court, which is currently operating with only eight justices due to the expiration of terms for seven judges on October 31 of the previous year. President Lai Ching-te has proposed nominees to fill these vacancies, but the opposition rejected them due to perceived partisanship, leaving the court short of the numbers required by the new bill.
DPP lawmaker Wu Szu-yao indicated that if the Legislature approves the reforms again, the DPP would pursue an injunction to prevent the enactment of the bill and seek a Constitutional interpretation. Cabinet Minister without Portfolio Lin Ming-hsin echoed this sentiment, suggesting that the reforms may infringe upon the constitutionally protected separation and balance of powers.
This situation presents a potential constitutional crisis, as the court would need to deliberate on a law affecting its jurisdiction with fewer justices than the bill stipulates. The Constitutional Court, however, retains the authority to issue a preliminary injunction against a law with a two-thirds quorum of incumbent justices and a majority vote in favor.
An alternative resolution involves negotiating with the opposition to agree on nominees for the court vacancies, which could facilitate a compromise and allow for a subsequent challenge to the reforms once the new justices are appointed.
The current justices, who assumed their roles during the DPP's presidential and legislative tenure beginning in 2016, underscore the political undercurrents influencing the constitutional and legislative framework in Taiwan.