Taiwans Constitutional Court from 2003 to 2011 : New Appointments and Different Performance

Abstract

In October 2003, Taiwans Constitutional Court underwent its first structural

change, mainly in the number and term of Justices, since its establishment in

1948. Meanwhile, this new court also faced the first party turnover and divided

government in the history of Taiwan. Against the above backdrop, this paper

discusses the impact of such structural and political changes on the overall

performance of this new court. After a brief review of the development of

Taiwans Constitutional Court under the authoritarian rule (1950s to 1980s), this

paper went on to analyze the major reforms during the democratization process of

1990s. Comparing the performance of Taiwan's Constitutional Court before and

after 2003, this paper finds the post-2003 court has been a much more active and

divided one, due to the above structural change and some personal factors.

Moreover, the change toward staggered and individualized terms has triggered an

unintended consequence of increasingly partisan appointment process. In terms of

career backgrounds of Justices before appointment, this paper also finds that those

scholars-turned-Justices, particularly those formerly pubic law scholars, have been

the most outspoken and active Justices in practice.