KMT Sues Justices Who Ruled Against Constitutional Court Amendment
Lawmakers from Taiwan’s opposition Kuomintang have filed a lawsuit against five Constitutional Court justices who ruled against its amendments earlier this year that had left the court in paralysis, the latest in the growing deadlock between the various branches of government.
Taiwan Opposition Party Sues Justices Amid Constitutional Deadlock
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REPORTER:
Taiwan’s opposition Kuomintang is taking legal action against five constitutional court justices who ruled its changes to constitutional law invalid. It’s the latest in a tightening deadlock between ruling and opposition parties.
REPORTER:
Opposition Kuomintang lawmakers are here at the Taipei District Prosecutors Office, filing a lawsuit against five constitutional justices, warning them not to act as tools for President Lai Ching-te.
REPORTER:
The lawsuit follows a Friday ruling by those five justices which struck down opposition-led changes that require at least 10 justices to make a Court decision.
REPORTER:
The Kuomintang says that under both the old and the revised versions of the law, five justices do not constitute a sufficient quorum to make a ruling.
REPORTER:
Our Constitutional Court issued an unlawful ruling because the number of justices present did not meet the Constitutional Court Procedure Act’s requirement of 10 members yet the court still convened and handed down a ruling. And even if we were to take a step back under the original Constitutional Court Procedure Act the court would still be required to have at least two-thirds of its full membership in order to convene and make a decision.
REPORTER:
But people protesting the KMT’s lawsuit also gathered outside the prosecutor’s office.
Support the Constitutional Court.
REPORTER:
The ruling Democratic Progressive Party says the Constitution stands above the law and says the justices should be able to make a decision on the amendments. It’s also blaming the opposition-controlled legislature for the court’s deadlock.
Wasn’t it the legislature that undermined the Constitution and disrupted constitutional order? Wasn’t it the legislature’s amendment to the Constitutional Court Procedure Act that maliciously raised the threshold for the Constitutional Court to function effectively paralyzing it?
REPORTER:
The ruling on Friday was the first of 2025. After the terms of seven justices expired, leaving the court without enough to meet the new quorum requirement. President Lai’s nominees to fill the vacancies all failed to win legislative approval.
REPORTER:
With doubts still hanging over the validity of the court's ruling, Taiwan is facing a constitutional stalemate. The opposition is calling on the five justices to step down. But the key question now is whether this political standoff can be resolved, and whether the court can return to normal operations.
