On 18 October, the opposition Kuomintang (中國國民黨) (KMT) advanced proposals to amend the constitutional Court Procedure Act. The amendments specify that the Court must consist of 15 justices and require a two-thirds majority (10 votes) to issue rulings (The current law only requires a simple majority). Legal critics note that the amendments would make it difficult for justices to rule on cases, undermining the Court’s operations and the public’s right to demand constitutional interpretations. Lawyers have also flagged that the Court would have to cease operation whenever its composition is too small. In November, around 2000 protesters including several hundred lawyers gathered to protest the bills. The Legislative Yuan is set to vote on the changes in the coming months.  

Sources: Taipei Times (1), Taipei Times (2), Focus Taiwan, New Bloom 

On 20 September, Taiwan’s Constitutional Court ruled that the death penalty remains constitutional for “the most serious crimes” while imposing stricter limitations on its application. While some legal and rights experts expressed disappointment that the death penalty was not entirely abolished, they acknowledged that the ruling represents a modest but important step toward reducing death sentences and advancing criminal justice reforms in Taiwan.  The decision was made in response to a legal challenge by 37 death row inmates and took effect immediately. The Court also directed the government to amend several criminal procedural laws within two years to enhance protections for the right to life and due process. These include requiring unanimous sentencing by a judicial panel, banning sentences for defendants with psychological disabilities and strengthening protections during criminal trials.

Sources: Taipei Times, Human Rights Watch, Nikkei Asia, The Death Penalty Project

On 28 May, Taiwanese legislators passed a package of controversial reforms expanding the parliament’s power to scrutinize the incoming government. The reforms allow lawmakers to request information from various entities, criminalize ‘contempt of parliament’ by officials, and require the president to provide regular reports and answer lawmakers’ questions (a first for Taiwan) or face fines. The opposition Kuomintang (中國國民黨) (KMT) and Taiwan’s People’s Party (台灣民眾黨) (TPP) used their combined majority to push forward the bills just days before President Lai Chin-te’s inauguration, arguing that the bills would ensure checks and balances and allow the legislature to target corruption. Civil society, academics and legal scholars argue that the vague and overreaching amendments could be misused for partisan vendettas and compromise national security. Since 17 May, thousands of people have gathered outside the parliament to protest the reforms peacefully. Critics say the amendments were rushed through the legislature without proper deliberation. The bills do not take immediate effect and still require approval from the president and the Executive Yuan. The Democratic Progressive Party (民主進步黨) (DPP) will seek a Constitutional Court ruling on the legality of the passed reforms and will send the bills back to the Legislative Yuan for reconsideration.

Update: On 25 October, Taiwan’s Constitutional Court invalidated key parts of these bills. The Court found that the reforms were passed in a rushed and flawed manner and that some provisions, including those allowing lawmakers to demand information and criminalize contempt of parliament through fines and jail time, violated the Constitution. 

Sources: Focus Taiwan, Al Jazeera, ABC News, The Financial Times, Reuters (1), Taipei Times, Reuters (2) 

Lai Chin-te of the Democratic Progressive Party (DPP) won Taiwan’s presidential election on 13 January, securing 40.05 per cent of the vote in the three-way presidential race. Hsiao Bi-khim was elected as vice president. Voter turnout stood at 71.86 per cent, slightly lower than the 74.90 per cent recorded in the 2020 presidential election.

The DPP also experienced a setback in the Legislative Yuan (unicameral legislature), losing its majority in the legislative election held on the same day. The DPP secured 51 seats out of 113, while Kuomintang (KMT) claimed 52 seats; the upstart Taiwan People’s Party (TPP) secured 8 seats; and the last 2 seats were won by independents. Voter turnout was 71.78 per cent, down from 74.86 per cent in the 2020 legislative election. Women constitute 41.59 per cent of the seats, with 47 female lawmakers elected out of 113, comparable to 48 in the previous election. Election observers noted that the electoral process was conducted in a peaceful and orderly manner.

Sources: Central Election Commission, Taipei Times, Liberal International, IFES, International IDEA