​​On behalf of Taiwan in the Indo-Pacific Region and its National Security Task Force the Hoover Institution held a Taiwan Roundtable Discussion on the Constitutional Court on Tuesday, February 18, 2025, from 5:00 - 6:00 pm PT.

Taiwan is facing a potential constitutional crisis. In December 2024, Taiwan’s opposition-controlled legislature voted to impose a 2/3 supermajority quorum for the Constitutional Court to hear new cases. The legislature then voted down all the new nominees to the Court, leaving it with only 8 of members and unable to meet the new quorum requirement. The government has appealed to the Court to meet anyway and rule that the new amendments are unconstitutional. In this discussion, three experts on Taiwan’s politics and judicial system discuss the factors leading up to this confrontation, the options facing the court, and the potential for deeper reforms to strengthen judicial independence in the face of a deepening confrontation between the ruling and opposition parties.

Chien-Chih Lin is an associate research professor at Institutum Iurisprudentiae, Academia Sinica and an associate professor at the Graduate Institute of National Development, National Taiwan University. He received the LLM & JSD degrees from the University of Chicago. His academic interests focus on comparative constitutional law in Asia. Lin is the coauthor ofConstitutional Convergence in East Asia (2022) and Ultimate Economic Conflict between China and Democratic Countries (2022). His articles can be found in both peer-reviewed and student-edited law journals as well as edited volumes, including Oxford Handbook of Constitutional Law in Asia, American Journal of Comparative Law, and International Journal of Constitutional Law. He is the book review editor of International Journal of Constitutional Law.

Weitseng Chen is a faculty member at the National University of Singapore Faculty of Law, specializing in law and economic development, law and politics, and legal history in the context of Greater China. He has recently published several books, including Regime Type and Beyond: The Transformation of Police in Asia (CUP, 2023), Authoritarian Legality in Asia: Formation, Development and Transition (CUP, 2019), The Beijing Consensus? How China Has Changed the Western Ideas of Law and Economic Development (CUP, 2017), Property and Trust Law: Taiwan (with Yun-Chien Chang & Y. J. Wu, Kluwer, 2017), and Law and Economic Miracle: Interaction Between Taiwan’s Development and Economic Laws After WWII (in Chinese, 2000). Weitseng Chen earned his JSD from Yale Law School. Prior to joining NUS, he served as a Hewlett Fellow at Stanford’s Center for Democracy,Development, and the Rule of Law (CDDRL) and practiced as a corporate lawyer in the Greater China region with Davis Polk & Wardwell.

Kharis Templeman is a research fellow at the Hoover Institution and part of the Project on Taiwan in the Indo-Pacific. Templeman is a political scientist (Ph.D. 2012, Michigan) with research interests in Taiwan politics, democratization, elections and election management, party system development, and politics and security issues in Pacific Asia.

On December 20, amid shouting, shoving, fistfights, and broken furniture, Taiwan’s opposition-controlled legislature passed by a show of hands three controversial bills that threaten to kneecap its government. The first raised the threshold to recall elected officials. The second required the Constitutional Court to have a 2/3 quorum to hear constitutional cases and imposed a supermajority threshold to invalidate a law. And the third shifted the central-local revenue-sharing formula to give local governments (mostly KMT-run) 40 percent of all government revenues, up from 25 percent, at the expense of the DPP-run central government.
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Four days later, the same opposition majority in the legislature voted down all seven of President Lai’s nominees to the Constitutional Court, leaving it with only eight justices and unable to meet the new quorum requirement for hearing a case. It is now effectively paralyzed. The DPP government has nevertheless requested that the court meet and rule anyway on whether the amendments to the Constitutional Court Act are themselves unconstitutional. This increasingly destructive partisan political conflict has put Taiwan on the brink of a constitutional crisis with no obvious way to resolve it. 

This confrontation is also taking place in a democracy that Freedom House last year ranked as the second-best in Asia, behind only Japan, and significantly above the United States and most of Europe. Taiwan's political system has proven remarkably resilient to PRC influence operations over many years, and it has a capable and effective state and vibrant economy despite its diplomatic isolation. So why is it facing a political crisis now?

​The simplest answer is divided government. For the first time in 16 years (and only the second time in its democratic history), Taiwan's legislative and executive branches are controlled by different parties: the Chinese Nationalist Party or Kuomintang (KMT) and Taiwan People's Party (TPP) together hold a majority in the Legislative Yuan, and they are locked in a fierce power struggle with the Democratic Progressive Party (DPP) government.  

This conflict was not inevitable. In the January 2024 presidential and legislative elections, the DPP's Lai Ching-te (賴清德) won the presidential election but with only 40% of the vote, and the DPP lost its majority in the legislature. The KMT ended up with 52 seats (plus two blue-leaning independents), the DPP won 51, and presidential candidate Ko Wen-je's (柯文哲) centrist TPP won eight (all via the party list vote). That left no party with a majority and made the TPP the crucial swing voting bloc in the LY. In theory, the TPP could have exploited that leverage to extract significant concessions from the ruling DPP -- on policy, legislative leadership, or cabinet positions. But instead, negotiations between the DPP and TPP went nowhere, and President Lai missed his chance to head off the last year of partisan warfare.   

The formation of battle lines first became apparent on February 1, when the new legislature was seated. Its first order of business was to elect a speaker and deputy speaker. Curiously, the TPP  ultimately decided not to support either of the major party nominees -- the party's eight legislators voted for TPP member Huang Shan-shan (黃珊珊) in the first round, and abstained in the second.  As a result, the KMT's Han Kuo-yu (韓國瑜) won the speaker's race, and KMT legislator Johnny Chiang (江啟臣) was elected as his deputy. Despite providing crucial help to the KMT, the TPP did not manage to win even the deputy speaker as the price for their support. Nor did they strike a deal with the DPP, either, although that should have secured at least one of the leadership positions for the party. Given that the TPP held the crucial votes that could have denied control of the legislature to either major party, this outcome seems like a major missed opportunity for both them and the DPP. 

I've heard competing explanations for this bargaining failure. One story is that the refusal came from the DPP side -- ruling party legislators were engaged in quiet conversations with the TPP about a possible power-sharing deal, but Lai Ching-te intervened to stop the negotiations. Reporting at the time suggested that the TPP's price for cooperation in the run-up to February 1 was for the DPP to support Huang Shan-shan for speaker -- a price the DPP was apparently not willing to pay, but which in hindsight they probably should have. That interpretation is also consistent with the public comments offered by party caucus whip Ker Chien-ming (柯建銘) that "A DPP-TPP partnership is only possible if the TPP voluntarily comes to us."​So maybe this was a strategic mistake by the DPP caucus (and ultimately, Lai himself), and they are suffering the consequences. 

But another possibility is that the TPP was just never seriously interested in cooperating with the DPP no matter what they offered -- even before  Ko Wen-je's detention in a corruption investigation several months later turbocharged the TPP's animosity toward the DPP government. Although the KMT-TPP negotiations for a joint presidential ticket broke down in spectacular public fashion in November 2023, the two parties did still enter into a pre-election coalition for the legislative races and even campaigned together, so perhaps TPP leaders had already made up their minds to team up with the KMT after the elections, too, and there really was no chance the DPP could have enticed them to defect.  

Whatever the reason, ever since the new legislature was seated on February 1, the TPP has consistently chosen to act as the KMT's junior partner and supported the opposition party's confrontational approach to the DPP government. And as the partisan divide has hardened, it has also transformed into an inter-branch conflict between the KMT-TPP majority in the legislature and the DPP in the executive. The partisan maneuvering that has followed has escalated over the last year to a level of open political warfare that is posing a severe test for Taiwan's democratic institutions. And it is a test they are failing.

On behalf of Taiwan in the Indo-Pacific Region and its National Security Task Force the Hoover Institution invites you to Narratives of Civic Duty and Taiwan’s Democratic Trajectory on Thursday, January 26, 2023 from 12:30 - 1:45 pm PT. To attend, register at the event page. 

In her newly-published book ​Narratives of Civic Duty: How National Stories Shape Democracy in Asia, Aram Hur investigates the impulse behind a sense of civic duty in democracies. Why do some citizens feel a responsibility to vote, pay taxes, or take up arms for one's country? Civic duty is typically seen as the result of culture or character. Rather, Hur finds that it emerges from a force long seen as detrimental to democracy: strong national attachments. National stories—the folklore of the national people—embed relational legacies with the state that can harness, stunt, or even subvert the nation’s powerful pull toward civic duty. The talk focuses on the case of Taiwan and how its diverse national stories have shaped its democratic past and future.