TAIPEI (Taiwan News) — Supreme Court Justice nominee Wang Pi-fang (王碧芳) said amendments to the Constitutional Court Procedure Act proposed by the opposition KMT threaten to prevent the court from sitting or issuing judgments.
The KMT legislator responsible for drafting the amendments Weng Hsiao-ling (翁曉玲) asked Wang if she agreed with her proposal at a meeting in the legislature Thursday, per CNA. Wang said, “Personally, I cannot support the legislative member’s amendments.”
Under the law, at least two-thirds of incumbent Constitutional Court justices must be present and majority support from judges is required to rule on a case. Eight of the court’s 15 positions are currently filled.
Weng’s amendments seek to raise these thresholds. If passed, a minimum of 10 justices would be required to preside over a court sitting, and a ruling would need the support of at least two-thirds of the 15 justices (10 votes).
Wang said that if there were always at least 10 justices sitting there would be no problem with the amendments. However, she noted that resignations or other issues causing vacancies could bring the number below 10.
The court could not rule or even accept cases in these circumstances if the amendments pass, Wang said. She said this would “effectively paralyze the constitutional court.”
Wang said the Constitutional Court would face a dilemma if the amendments passed. She said the court could consider declaring the changes unconstitutional but that it would not want to take this step.
Wang was also questioned about the death penalty at the legislative session.
DPP Legislator Chen Kuan-ting (陳冠廷) asked Wang if she thought the Constitutional Court’s September ruling affirming the constitutionality of the death penalty restricted its use or effectively abolished it. Wang said she believes the death penalty’s use has been severely restricted.
She said she believes capital punishment should be used in compliance with international human rights conventions. However, Wang said a child rape and murder case she once prosecuted made her feel the death penalty or life imprisonment are deserved for such crimes.
