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Civic Groups Worried About Constitutional Court Stalemate
TaiwanPlus News
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11 months ago
New amendments to the way Taiwan's Constitutional Court operates threaten to paralyze the country's highest court, something that has civic groups worried.
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00:00
Taiwan's legislature recently pushed through amendments to change the way the country's
00:06
constitutional court operates.
00:08
Under current rules, the constitutional court needs two-thirds of sitting justices to be
00:13
present in order for a case to be heard.
00:16
And rulings can be determined by a simple majority of the justices in attendance.
00:22
The legislature's new rules mean at least 10 justices must attend a case, and 9 of those
00:28
must agree when they rule something unconstitutional.
00:32
Taiwan's constitutional court normally has 15 sitting justices.
00:36
But because of term limits, 7 seats are currently vacant, leaving only 8 seats filled.
00:42
That means Taiwan's constitutional court does not meet the minimum threshold for justices
00:47
to hear cases, leaving the system deadlocked.
00:51
President Lai Ching-teh of the Democratic Progressive Party has appointed new justices
00:56
to fill the vacancies.
00:58
But the opposition-controlled legislature, which must confirm the nominations, has stalled
01:03
proceedings, saying that Lai's picks are too partisan.
01:07
Civic groups are now bringing attention to the stalemate and are sounding the alarm.
01:12
The constitutional court is scheduled to rule on limitations in sexual abuse cases dating
01:17
back to 2006.
01:20
The Justice Ministry estimates that over the past decade, there have been nearly 700 cases
01:25
of child sexual abuse that have gone unanswered because of Taiwan's 20-year statute of limitation
01:31
restrictions.
01:56
While the reform saga plays out, there are real victims on the sidelines waiting for
02:05
a ruling.
02:06
Without Taiwan's constitutional court functioning as it needs to, the judiciary will be unable
02:11
to answer some of the biggest questions facing society.
02:15
Ryan Woo and Leslie Liao for Taiwan Plus.
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