The ROC Judicial Yuan approved amendments Jan. 7 designed to enhance the transparency and efficiency of hearings by the justices of the Constitutional Court, safeguard constitutional government and protect human rights.
Under the revisions to the Constitutional Interpretation Procedure Act, the justices will no longer hold closed meetings to judge petitions, but will convene a Constitutional Court to hear cases involving interpretation of the Constitution, impeachment of the president or vice president, dissolution of a political party violating the Constitution, or the autonomy of local government.
A Uniform Interpretation Court will be held for cases concerning the construal of statutes and regulations, as well as for jurisdiction disputes.
Both courts will allow oral arguments and require a judgment document, the Judicial Yuan said. The written decision will include the name of the justice who authors it. When the courts do not agree to hear a case, dissenting opinions will be included in the written decision to further increase transparency.
The announcement of hearing schedules will make it possible for interested people who are not parties to an action to file briefs providing relevant information, similar to the amicus curiae, or friend of court, system used in the U.S. Time limits will also be set for determining whether a case will be heard and for reaching a decision.
The current law stipulates that two-thirds of the 15 justices must agree for a ruling of unconstitutionality, but leaves the decision hanging when that threshold is not reached. According to the amended act, in such a situation the verdict will be that there is no violation of the constitution in the case.
The amended act also includes new articles spelling out court procedures for impeachment of the president or vice president and resolution of disputes over local government organization.
Ordinary citizens will now be able to petition for a constitutional interpretation at any point in a legal case, without having to wait until the case has been handled by the highest relevant court.
With the revisions it will also be easier for the Legislative Yuan to request constitutional or legal interpretation, with the number of lawmakers required for a petition lowered to one-fourth of all members from the current one-third.
The Constitutional Interpretation Procedure Act was enacted in 1948, with amendments in 1993 following revisions to the Constitution. In 2005 an article was added to the Constitution giving the justices of the Constitutional Court the power to rule on impeachment of the president or vice president, but hearing procedures were not specified.
In early 2012 the Judicial Yuan appointed four retired justices and a panel of experts on constitutional law to draw up revisions to the act. After 14 meetings the committee expanded the law from 35 to 109 articles to clearly spell out all relevant procedures.
The revised act is expected to go to the Legislature for review in the near future, the Judicial Yuan said. (THN)