In response to the Legislature’s resolution on January 13 requesting the president to promulgate amendments to the Constitutional Court Procedure Act (憲法訴訟法), the Presidential Office officially announced the revisions on Thursday. It also noted that the Constitutional Court should rule on the constitutionality of the amendments, which are alleged to hinder the court’s operation.
The Legislature passed the amendment in a third reading late last year, requiring that at least ten justices participate in constitutional rulings and that at least nine justices agree to declare a law unconstitutional. However, with only eight justices currently on the bench—and the Legislature rejecting President Lai Ching-te’s (賴清德) nominees to fill the vacancies—the court could not meet the newly required quorum.
The Executive Yuan argued that this situation would effectively paralyze the Constitutional Court and obstruct the public’s access to judicial remedies. A reconsideration petition submitted by the Executive Yuan was also rejected by the Legislature.
On Thursday morning, President Lai formally promulgated the law, making the amendment officially effective. However, the president added that it hinders the normal operation of the Constitutional Court, infringes on the core scope of judicial power, and warrants a constitutional review to safeguard constitutional order.
Following the promulgation, Democratic Progressive Party (DPP) caucus leaders and their legal counsel held a press conference on Friday. DPP Caucus Whip Ker Chien-ming (柯建銘) announced plans to file a second request for constitutional interpretation and a motion for preliminary injunctions with the Judicial Yuan. Ker accused the Kuomintang (KMT) and the Taiwan People’s Party (TPP) of colluding to undermine the nation, rendering it unable to function and creating chaos.