The Constitutional Court announced that it is to hear a case on the constitutionality of the death penalty and has scheduled oral arguments on April 23, attracting widespread attention.
However, instead of delving into the core debate of whether the death penalty contravenes the Constitution, legislators across party lines and the media have been preoccupied by arguing whether the grand justices should or should not make a ruling.
Curiously, Chinese Nationalist Party (KMT) and Democratic Progressive Party (DPP) legislators seem to think that it should be handled by the legislature. Is that really the case?
In 2000, Taiwan underwent its first transfer of political power to another party, and under the DPP administration, there was a shift in policy toward gradually abolishing the death penalty.
The Ministry of Justice also proposed a white paper on gradually abolishing the death penalty, and there was a four-year moratorium on executions from 2006 to 2009.
In 2008, the KMT regained power. The following year the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights were adopted under domestic law.
According to Article 6 of the ICCPR, Taiwan should move toward abolishing the death penalty, meaning there was bipartisan commitment at the time.
However, in 2010, the administration of then-president Ma Ying-jeou (馬英九) resumed executions, going against the spirit of the covenant.
From 2010 to 2016, the KMT executed 33 people and the DPP has executed two since 2016.
The judiciary, based on separation of powers, plays a crucial role in safeguarding the fundamental rights of individuals.
However, marginalized groups, including minorities, the vulnerable and those with less visibility, face challenges in effectively lobbying and expressing their concerns through the democratic process. The judiciary is designed to compensate for this issue of insufficient democratic representation.
One advantage of the judiciary lies in its expertise in gathering facts and analyzing legal matters, enabling it to render impartial judgements independent of political conflicts.
Therefore, when people ask why grand justices can override public support for retaining the death penalty, it raises a fundamental question about who can make important decisions.
The historical context reveals the failure of policymakers and legislators to effectively address the complexities surrounding the death penalty. For more than 20 years, this issue has been neglected and postponed, but now the grand justices are finally addressing it.
In upholding democracy and the separation of powers, regardless of anyone’s views on the death penalty, it is crucial to provide the grand justices with a rational space to address the issue. Taiwanese should refrain from misinforming and misleading public discourse. The institution of amici curiae (friends of the court) in the Constitutional Court aims to provide the grand justices with a broader range of perspectives and arguments for their consideration. If this is deemed insufficient, individuals or groups could also post public comments or organize events to discuss the issues.
Previously, the Constitutional Court’s grand justices declined to hear constitutional interpretation cases brought by death-row prisoners, but the landscape is shifting. In addition to the domestication of international human rights covenants, the Constitutional Court’s progressive rulings on issues such as same-sex marriage and adultery suggest a growing awareness of human rights protection among the grand justices.
Regarding the death penalty, the ultimate decision on this matter would depend on the current Constitutional Court’s will.
To define the societal values Taiwanese aspire to, it is essential for the grand justices to make decisions that align closely with those of progressive democratic societies that prioritize the protection of human rights, free from political influence. This necessitates collaboration between the judicial, executive and legislative branches, along with civil society, to develop concrete and achievable plans for Taiwan’s advancement.
Lin Hsin-yi is executive director of the Taiwan Alliance to End the Death Penalty.
Why is Chinese President Xi Jinping (習近平) not a “happy camper” these days regarding Taiwan? Taiwanese have not become more “CCP friendly” in response to the Chinese Communist Party’s (CCP) use of spies and graft by the United Front Work Department, intimidation conducted by the People’s Liberation Army (PLA) and the Armed Police/Coast Guard, and endless subversive political warfare measures, including cyber-attacks, economic coercion, and diplomatic isolation. The percentage of Taiwanese that prefer the status quo or prefer moving towards independence continues to rise — 76 percent as of December last year. According to National Chengchi University (NCCU) polling, the Taiwanese
It would be absurd to claim to see a silver lining behind every US President Donald Trump cloud. Those clouds are too many, too dark and too dangerous. All the same, viewed from a domestic political perspective, there is a clear emerging UK upside to Trump’s efforts at crashing the post-Cold War order. It might even get a boost from Thursday’s Washington visit by British Prime Minister Keir Starmer. In July last year, when Starmer became prime minister, the Labour Party was rigidly on the defensive about Europe. Brexit was seen as an electorally unstable issue for a party whose priority
US President Donald Trump is systematically dismantling the network of multilateral institutions, organizations and agreements that have helped prevent a third world war for more than 70 years. Yet many governments are twisting themselves into knots trying to downplay his actions, insisting that things are not as they seem and that even if they are, confronting the menace in the White House simply is not an option. Disagreement must be carefully disguised to avoid provoking his wrath. For the British political establishment, the convenient excuse is the need to preserve the UK’s “special relationship” with the US. Following their White House
US President Donald Trump’s return to the White House has brought renewed scrutiny to the Taiwan-US semiconductor relationship with his claim that Taiwan “stole” the US chip business and threats of 100 percent tariffs on foreign-made processors. For Taiwanese and industry leaders, understanding those developments in their full context is crucial while maintaining a clear vision of Taiwan’s role in the global technology ecosystem. The assertion that Taiwan “stole” the US’ semiconductor industry fundamentally misunderstands the evolution of global technology manufacturing. Over the past four decades, Taiwan’s semiconductor industry, led by Taiwan Semiconductor Manufacturing Co (TSMC), has grown through legitimate means
RSS