2022-01-03

Constitutional Court Procedure Act to be Effective in January 2022

In a new system, Taiwan’s Constitutional Court, which is comprised of the Justices of the Judicial Yuan, will replace the current "Council of Grand Justices".
 
The difference between the old and new systems is that the scope of issues that may undergo constitutional review will be expanded from the regulations to cover also final court decisions.
 
There are three requirements that must be met before a petition may be filed with the Constitutional Court.  Said requirements  include a showing that the public believes that a final court decision against an individual or that a legal provision applied in such court decision contravenes the Constitution, and the petition must be filed within the peremptory period of six months after the service of the contested final decisions.
 
Additionally, an admissible petition must have relevance to principles of constitutional significance or be necessary to satisfy the petitioners' basic rights protected under the Constitution.
 
In short, even if the contested judgment is ultimately affirmed, as long as the court’s opinions will likely contravene the Constitution in the future, through the new system, the Constitutional Court can still correct such errors and allow the parties to be restored.
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