On November 16, 2024, the proposal of the “Constitutional Lawsuit Law Amendment” by the Kuomintang lawmakers in Taiwan has sparked controversy. A protest called “Refuse the Evil Amendment of the Constitutional Lawsuit Law and Lawyers Guarding the Constitution Parade on 11/16” organized by 153 lawyers took place in Taipei. More than 2,000 people, including 300 lawyers in robes, gathered on the streets to urge the protection of the constitution, freedom, democracy, and the rule of law.
The “Lawyers Guarding the Constitution Parade” started at 2:30 PM from 228 Peace Park in Taipei. The procession moved through Xiangyang Road, Park Road, Zhongxiao West Road, Linsen South Road, and Jinan Road, eventually arriving at the Legislative Yuan. Participants chanted slogans such as “Constitutional Court must not be paralyzed, People’s rights must be protected” and held banners saying “Together with Lawyers to Safeguard Democracy and Constitution”, “Separation of Powers, the Last Line of Defense”, “Oppose the Evil Amendment of the Constitutional Lawsuit Law, Maintain Normal Operation of the Constitutional Court”, expressing their demands. After reaching the destination, speeches and activities commenced at the scene.
Kuomintang lawmaker Weng Xiaoling proposed amendments to the “Constitutional Lawsuit Law,” intending to raise the quorum for Constitutional Court meetings and the number of judges required for a decision. Lawyer Chen Yiting stated that in Weng Xiaoling’s amended version, the requirement of over half agreement was raised to two-thirds. If this amendment passes, every ruling by the Constitutional Court would need at least ten judges to participate in the deliberation to make a decision or ruling. If for any reason the number of judges falls short, the Constitutional Court would be forced to halt its operation, leading to a virtual paralysis.
Lawyers believe that safeguarding human rights, achieving social justice, and promoting democracy and the rule of law are the missions they cannot overlook. They cannot allow the proposed amendments to the Constitutional Lawsuit Law, which may paralyze Taiwan’s democracy and the rule of law, to pass the third reading.
Former Grand Justice and lawyer Huang Hongxia stressed that the Constitutional Court is the final line of defense in our constitutional order. When there is a crisis in constitutionalism or when people’s basic rights are violated, the Constitutional Court serves as the ultimate decision-making mechanism. By amending and raising the threshold for consensus in making constitutional judgments, people’s rights will not receive the necessary protection.