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Summary of the Constitutional Court Procedure Act



Summary of the Constitutional Court Procedure Act
 
 
 
Current petitions for constitutional interpretation and constitutional review by the Grand Justices of the Judicial Yuan are based on the Constitutional Interpretation Procedure Act promulgated on February 3, 1993. For years, constitutional review by the Justices was inadequate in terms of human rights protection; procedural and institutional reform was needed. After several attempts at amendment, the Constitutional Court Procedure Act (Constitutional Interpretation Procedure Act renamed) finally passed the third reading of the Legislative Yuan on December 18, 2018, and would take effect on January 4, 2022.
 
The Constitutional Court Procedure Act is expected to usher in an overhaul. The key changes are as follows:
 
1.    The Grand Justices will hear the constitutional litigation by applying the procedure similar with court proceedings.
 
Under the Constitutional Interpretation Procedure Act, the Justices review cases in en banc meetings and render an interpretation or a dismissal ruling. Under the Constitutional Court Procedure Act, the Grand Justices will comprise the Constitutional Court. A judgment or a ruling will be rendered and published.
 
The constitutional litigation will be proceeded by applying the court proceedings, including the Constitutional Court’s publication of judgments, petition briefs and reply briefs, each Justice’s vote and identification of the Justice who authored the majority opinion of the court. Furthermore, the Constitutional Court Procedure Act creates an unprecedented file review mechanism. The threshold for making a ruling dropped from the current consent from “two-thirds of the Justices with a quorum of two-thirds of the total number of the incumbent Justices hearing the case" to "consent by a majority of the Justices with a quorum of two-thirds of the total number of the incumbent Justices hearing the case."
 
2.    Constitutional Review of Constitutionality of the Court Decisions
 
Under the Constitutional Interpretation Procedure Act, people could only petition for constitutional review of statues and regulations. Under the Constitutional Court Procedure Act, the Constitutional Court has jurisdiction over cases about constitutionality of both laws and final court decisions after all ordinary judicial remedies have been exhausted. That is, people can petition for constitutional review of final court decisions, and for a judgment holding that the final court decision is unconstitutional.
 
3.    The Institution of Amicus Curiae
 
After the Constitutional Court Procedure Act goes into effect, once the Constitutional Court finds a petition admissible, the petition brief and the reply brief will be published. Anyone wishing to express an opinion on a case can submit expert opinions or information to the Constitutional Court.
 
The Constitutional Court Procedure Act will bring about seismic changes to constitutional review. People can directly petition the Constitutional Court for constitutional review of final court decisions, which improves the protection of people's rights under the Constitution and offers another avenue to seek judicial relief.    
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