Tsai touts Taiwan’s judicial reform, democratic development

2018/10/03

President Tsai Ing-wen said Oct. 1 that judicial reform is continuing apace in Taiwan, further strengthening the development of democracy and better protecting the people’s fundamental rights.
 
 Taiwan’s Constitutional Court plays an important part in this process, Tsai said. On top of promoting democratization and safeguarding rights, the body is eventually expected to consider matters such as the balance between administrative and legislative power, she added.
 
 Tsai made the remarks during her opening address at the International Conference of the Constitutional Court in Taipei City. Organized by the Judicial Yuan, the two-day annual event brought together academics and officials from home and abroad to discuss issues pertaining to the Constitutional Court and human rights protection.
 
 According to Tsai, the timing of the conference is significant as this year marks the court’s 70th anniversary. It has been at the forefront in protecting the people’s rights since martial law was lifted in 1987, with many of its interpretations laying the foundation for the stable development of free and basic democratic order in Taiwan, she said.
 
 The court’s contributions to implementing judicial reform are invaluable, Tsai said, citing its discovery of issues pertaining to the protection of rights. But the court can do even more if proposed changes expanding its scope of authority are approved by the Legislature by year-end, she added.
 
 Under revisions prepared by the Judicial Yuan, the body would be empowered to review the constitutionality of rulings made by general courts and the Supreme Court. This measure, modeled after the duties of Germany’s Federal Constitutional Court, is widely considered the hallmark of modern democratic states.
 
 Tsai said once the changes clear the Legislature, she expects them to take force two years after promulgation of the relevant bill.
 
 At that time, the Constitutional Court will hear and rule on cases using a procedural process instead of the present meeting format, Tsai said, adding that interpretation of the Constitution will also be made through a decision or judgment.
 
 The Constitutional Court comprises 15 justices appointed by the president with the approval of the Legislature. The body interprets the Constitution, makes recommendations on harmonizing inconsistencies between overlapping laws and regulations, and presides over impeachment trials of a president or vice president.

Source: Taiwan Today (https://taiwantoday.tw/news.php?unit=2&post=142587)