Constitutional Litigation and Interpretation

For the past two decades, Lee and Li has devoted itself to the field of constitutional law and is long considered a leader in the field. It would not be an exaggeration to say that the firm's constitutional law practice matured along with Taiwan's democracy. Our constitutional law team was instrumental in the issuing of many key Grand Justice interpretations, such as Interpretation Nos. 242, 392, 509, and 603, by which we successfully championed the clients' freedom of marriage, personal freedom, freedom of speech, and right to privacy. Those milestone interpretations have become textbook material for constitutional law, civil law and criminal procedure law classes.

We are also proud of our longtime involvement in the development of Taiwan's constitutional regime. In fact, we helped shape Interpretation Nos. 419, 467, 499, 520, 550, 585, 613, 653, and 654. In the area of protection of property rights, Lee and Li represented our clients to petition for Interpretation Nos. 313 and 324, in which the Grand Justices declared the fine-levying and tax provisions in the Regulations Governing Civil Air Transport Enterprises and Customs Regulations Governing Cargo Containers unconstitutional. Owing to the two interpretations, the clients were entitled to a retrial and ultimately won favorable judgments.

Taiwan's constitution interpretation regime is an abstract normative review system. Each constitutional case we take on entails extensive research for legal support to contest the constitutionality of the laws invoked by the court and determination of what constitutional rights have been infringed. We believe those preliminary steps are important in ensuring that the case meets the threshold to apply for a constitutional interpretation, and that the client's constitutional rights are upheld via the interpretation and the subsequent judicial relief.

A successful constitutional law practice demands not only familiarity with the procedure for filing a constitutional interpretation petition but also expertise in different areas of law. Our constitutional law team are experienced in petitioning for constitutional interpretations and specialize in various fields of law. We understand the value of efficient representation and are committed to doing our utmost to advocate clients' rights and serving Taiwan's democratic and constitutional development.

relevant information:

Taiwan Section: The International Comparative Legal Guide to Litigation & Dispute Resolution 2010

Contributed by Lee and Li
Reproduced with permission from Global Legal Group Ltd. This article appeared in the 3rd edition of The International Comparative Legal Guide to: Litigation & Dispute Resolution 2010; published by Global Legal Group Ltd, London (www.iclg.co.uk)