由下而上建立值得人民信賴的司法

Symposium: When the Judiciary Meets Politics - Constitutional Controversies and Institutional Prospects Following the Amendments to the Constitutional Court Procedure Act

Judicial Reform Foundation
2025-3-22

The amendments to the Constitutional Court Procedure Act officially came into effect on January 25, 2025. As only eight Justices of the Constitutional Court are currently in office, the amended provisions prevent the Constitutional Court from conducting substantive deliberations or rendering judgments on cases at present.

The legislative process of these amendments—from proposal and voting to promulgation and entry into force—has drawn significant attention from the legal community and broader society. The matter has now entered judicial proceedings. In addition to a constitutional petition filed by the Democratic Progressive Party (DPP) caucus in the Legislative Yuan challenging the amendments, a number of individual petitioners have also submitted applications for provisional measures in relation to this issue.

To clarify the constitutional and legal controversies arising from the amendments and to examine the development of constitutional principles - such as the separation of powers - in Taiwan’s constitutional interpretation, the Judicial Reform Foundation, together with several institutions concerned with the development of Taiwan’s constitutional democracy—including the Center for Public Law at the College of Law, National Taiwan University, the Constitutional Litigation Practice Committee of the Taiwan Bar Association, and the Constitutional Reform Committee of the Taiwan Bar Association—will jointly host this academic symposium.

  • Time: March 22, 2025 (Sat.) 09:20–17:30
  • Venue: Lin-Ze Hall, NTU College of Law (Intersection of Xinhai Rd. and Sec. 2, Fuxing S. Rd.) Room 1301, 3rd Floor
  • Program:
Time Duration Agenda
09:00-09:20 20 min Registration
09:20-09:30 10分鐘 Hsu-Tien Huang, Chairperson, Judicial Reform Foundation
Chun-Yuan Lin, Associate Professor, NTU College of Law

【Panel I】
Constitutional Review Procedures Targeting the Constitutional Court Procedure Act
Moderator: Hung-Hsia Huang, Former Grand Justice of the Judicial Yuan

09:30-09:55 25 min

Speaker Jia-He Lin, Associate Professor, College of Law, National Chengchi University
09:55-10:10 15 min

Discussant Chun-Yuan Lin, Associate Professor, College of Law, National Taiwan University
10:10-10:35 25 min

Speaker Yi-Li Lee, Associate Professor, Institute of Law for Science and Technology, National Tsing Hua University
10:35-10:50 15 min

Discussant Shao-Man Lee, Assistant Professor, Miin Wu School of Computing, National Cheng Kung University
10:50-11:20 30 min General Discussion
11:20-11:30 10 min Q&A
11:30-13:00 90 min Lunch Break

【Panel II】
Constitutional Controversies Surrounding the Amendments to the Constitutional Court Procedure Act
Moderator: Hsu Yu-Hsiu, Former Grand Justice of the Judicial Yuan
13:00-13:25 25 min

Speaker Chia-Yin Chang, Distinguished Professor, College of Law, Soochow University
13:25-13:40 15 min

Discussant Ming-Hsiou Cherng, Distinguished Professor, College of Law, Soochow University
13:40-13:55 15 min

Discussant Clarence Chou, Chair, Constitutional Reform Committee, Taiwan Bar Association
13:55-14:10 15分鐘

Discussant Li-Hsiang Lu, Associate Professor, Graduate Institute of Cultural and Educational Law, National Taipei University of Education
14:10-14:50 40 min General Discussion
14:50-15:00 10 min Q&A
15:00-15:20 20 min Coffee Break

【Panel III】
When the Judiciary Meets Politics — Tensions Between Parliamentary Democracy and the Constitutional Court
Moderator: Wei-Chun Hsu, Associate Professor, Department of Financial and Economic Law, Chung Yuan Christian University
15:20-15:45 25 min

Speaker Hsiu-Yu Fan, Associate Professor, Graduate Institute of National Development, National Taiwan University
15:45-16:00 15 min

Discussant Chih-Ming Liang, Professor, Graduate Institute of Health and Biotechnology Law, Taipei Medical University
16:00-16:25 25 min

Speaker George Ni, Adjunct Assistant Professor, College of International Affairs, National Chengchi University
16:25-16:40 15 min

Discussant Tzu-Chiao Su, Professor, Department of Political Science, Soochow University
16:40-17:10 30 min General Discussion
17:10-17:20 10 min Q&A
17:20-17:30 10 min Closing Remarks by Panel Moderator

Organizer:

  • Judicial Reform Foundation

Co-organizers:

  • Center for Public Law, College of Law, National Taiwan University
  • Constitutional Litigation Practice Committee, Taiwan Bar Association
  • Constitutional Reform Committee, Taiwan Bar Association
  • Judicial Reform Committee, Taiwan Bar Association