Ever since elections in 2024 gave the presidency to one party and the legislature to its rivals, Taiwan’s political arena has been the scene of non-stop drama. When the Nationalist Party and its ally in the legislature tried to expand their power to oversee the executive branch, the Constitutional Court ruled them out of line and the legislature responded by shutting down the court. When the Democratic Progressive Party-led executive branch claimed power to exercise a pocket veto of legislation it didn’t like, the opposition in the legislature began a process to impeach the president even though they lack the numbers to achieve their goal. Nathan Batto, an associate research fellow at the Institute of Political Science in Taiwan’s Academia Sinica and expert on Taiwan’s elections, will explain how Taiwan’s government structure, political culture, and other factors have contributed to the current crisis, how the Taiwanese public is responding, and the possible impact on Taiwan’s delicate international standing. 

The Constitutional Courts of South Korea and Taiwan have been thrust into the spotlight in recent weeks as they are asked to arbitrate bitter power struggles between the elected branches – power struggles in which the justices themselves have been targeted. Two eminent constitutional scholars – Chaihark Hahm of Yonsei Law School and Jiunn-rong Yeh of National Taiwan University – will explain the background to the current crises and reflect on the role of courts in protecting democracy at times of deep partisan divisions.

The National Security Law, which was imposed on Hong Kong in 2020, takes precedence over local law and has profoundly affected civil liberties and the right to fair trial. Does international law no longer matter in Hong Kong? Carole Petersen, professor of law at the University of Hawaii at Manoa, finds that in cases not affecting Beijing’s core interests, local judges still rely on international and comparative sources and still rule against the local Hong Kong government. This has been particularly evident in strategic litigation to advance the rights of the LGBT community. Petersen concludes that if the local government is serious about trying to rebuild Hong Kong’s international reputation, then it should accept and fully implement these rulings.  

When compared with other constitutional courts, Japan’s Supreme Court has often been dismissed as a timid institution. It has even been called “the most conservative constitutional court in the world.” Masahiko Kinoshita, a professor of law at Kobe University and leading constitutional law scholar, argues that this sells the court short. In a new paper, he says that in cases involving freedom of expression, voting rights, and representation, the court has protected the “democratic minimum core” values while strategically avoiding confrontation with the political branches.