Judgment Reviews Law at Taiwan
Taiwan's judicial review system is a cornerstone of its constitutional democracy, ensuring that laws and government actions align with the Constitution. The Constitutional Court, part of the Judicial Yuan, plays a pivotal role in interpreting the Constitution and safeguarding individual rights.
⚖️ Constitutional Court's Role
The Constitutional Court is tasked with:
Constitutional Interpretation: Interpreting the Constitution to resolve disputes and clarify legal ambiguities.
Judicial Review: Assessing the constitutionality of laws and executive actions.
Election Disputes: Resolving disputes related to presidential and legislative elections.
Impeachment Proceedings: Handling cases involving the impeachment of public officials.
Its decisions are binding and can lead to the invalidation of laws or government actions that contravene the Constitution.
🧾 Recent Notable Rulings
Legislative Oversight Amendments (October 2024):The Constitutional Court ruled that several amendments enhancing legislative oversight were unconstitutional The court found flaws in the legislative process and determined that certain provisions, such as compelling the president to address the legislature and granting lawmakers extensive investigative powers, violated constitutional principles
Death Penalty Ruling (September 2024):In a significant decision, the court upheld the constitutionality of the death penalty for serious crimes but prohibited its application to individuals with mental disabilities The court mandated that the law be amended within two years to comply with this ruling
🏛️ Court Composition and Challenges
The Constitutional Court comprises 15 justice. However, in December 2024, all seven nominees proposed by President Lai Ching-te were rejected by the legislature, leading to a deadlock and raising concerns about the court's ability to function effectively .
📌 Summary
*Key Functions: Interprets the Constitution, reviews laws and executive actions, resolves election disputes, and handles impeachment cases.
*Recent Rulings: Declared certain legislative amendments unconstitutional and upheld the death penalty with restrictions.
*Challenges: Ongoing deadlock in appointing new justices threatens the court's functionality.
Taiwan's Constitutional Court remains a vital institution in maintaining the rule of law and constitutional governance, despite current challenges.
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