TAIPEI (Taiwan News) — Taiwan’s Constitutional Court is divided over whether it can legally conduct judicial reviews with only eight sitting justices, short of the 10-member minimum mandated by a December 2024 amendment to the Constitutional Court Procedure Act.

On Wednesday, three justices — Tsai Tzung-jen (蔡宗珍), Yang Hui-chin (楊惠欽), and Ju Fu-meei (朱富美) — issued a statement arguing that the court does not meet the statutory threshold and should refrain from issuing rulings until the vacancies are filled, per UP Media. They said the requirement, passed by the Legislative Yuan, is legally binding and should be followed.

They also emphasized that while the Constitution defines the court’s existence, its operations depend on laws passed by the legislature. Holding judicial reviews under current conditions, they warned, would constitute an unconstitutional expansion of power.

In contrast, a separate group of justices — Shieh Ming-yan (謝銘洋), Lu Tai-lang (呂太郎), Yu Po-hsiang (尤伯祥), and Chen Chung-wu (陳忠五) — argued on Sept. 19 that the court’s authority to interpret the Constitution is derived directly from the Constitution itself and should not be limited by statutory law, per Tai Sounds. They called for a judicial review of the amended Constitutional Court Procedure Act to determine whether the new quorum requirement is itself constitutional.

Justice Tsai Tsai-chen (蔡彩貞) has not publicly taken a position on the issue, per Tai Sounds.

The debate comes amid ongoing delays in appointing new justices. President Lai Ching-te (賴清德) has made two failed attempts to fill the vacancies. Presidential Office Spokesperson Karen Kuo (郭雅慧) said Lai’s list of new nominees would be announced in due course and urged the court to find a solution that is constitutional and functional, per Tai Sounds.

Former Constitutional Court Justice Huang Hung-hsia (黃虹霞) criticized the stance taken by the justices opposing reviews, calling it a boycott of constitutional duty, per mnews. She said the court should not be bound by limitations created by the legislature.

However, National Chengchi University Associate Professor Liao Yuan-hao (廖元豪) said the 10-member requirement is consistent with international legal norms and not an unreasonable condition, per UDN. He noted that while the amendment may be unpopular among some justices, that alone does not make it unconstitutional.

Liao added that the failure to fill the vacancies is a political issue that requires negotiation between the executive and legislative branches.