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Taiwan

https://www.idea.int/democracytracker/

December 2025

Constitutional Court strikes down law which had paralyzed it

On 19 December, Taiwan’s Constitutional Court struck down a 2024 amendment to the Constitutional Procedure Act—effectively reactivating itself after a year of paralysis. The amendment required a quorum of ten justices to make any ruling. The Court had only eight justices, and a political deadlock between the executive and opposition-controlled legislature prevented new appointments. This prevented the Court from operating entirely. Rights advocates welcomed the new decision for preserving citizens’ access to judicial remedies amid a constitutional vacuum. However, the decision remains controversial given that the ruling was issued by five of the eight sitting justices, with three refusing, raising concerns about potential judicial overreach. The Court resumed issuing rulings in late December, but political tensions persist over its composition amid a deepening constitutional crisis. The opposition KMT has filed charges of malfeasance with two lower courts.

Sources: International IDEAJuristTaipei Times (1), Taiwan News, Taipei Times (2)

June 2025

Opposition legislators face massive civil society driven recall votes

On 20 June, the Central Election Commission approved recall petitions against at least 24 out of 52 Legislative Yuan members from the opposition Kuomintang (KMT) party. The petitions were launched by civil society groups in response to controversial opposition bills and motions passed in 2025 that paralyzed the Constitutional Court and led to unprecedented budget cuts, undermining the central government’s operations. Taiwan’s recall process allows voters to remove elected officials from office through a referendum before their terms end, holding representatives accountable outside of regular election cycles. The KMT attempted counter-recalls against DPP lawmakers, however none received sufficient support. Voting is scheduled for 26 July and those legislators who are successfully recalled will not be able to stand in the subsequent by-election, which must occur within three months’ time. Political analysts suggest that the results could allow the Democratic Progressive Party to regain its majority in the legislature or lead to further political gridlock. 

Update: On 26 July, none of the 24 targeted KMT lawmakers were unseated following the first wave of recall votes. Although seven more KMT legislators face recall votes on 23 August, the failure of the first round indicates political gridlock will continue. 

Sources: Focus Taiwan, Financial Times, International IDEA, The Diplomat, The Guardian, Brookings

November 2024

Constitutional Court bills spark controversy
Watch flag

On 18 October, the opposition Kuomintang (中國國民黨) (KMT) advanced proposals to amend the constitutional Court Procedure Act. The amendments specify that the Court must consist of 15 justices and require a two-thirds majority (10 votes) to issue rulings (The current law only requires a simple majority). Legal critics note that the amendments would make it difficult for justices to rule on cases, undermining the Court’s operations and the public’s right to demand constitutional interpretations. Lawyers have also flagged that the Court would have to cease operation whenever its composition is too small. In November, around 2000 protesters including several hundred lawyers gathered to protest the bills. The Legislative Yuan is set to vote on the changes in the coming months. 

Update: On 20 December, the Legislative Yuan passed the Act. President Lai Chin-te signed the law as required in late January 2025; however, ruling party lawmakers have sought an injunction and Constitutional Court interpretation of the controversial amendments. 

Sources: Taipei Times (1), Taipei Times (2), Focus Taiwan, New BloomNikkei Asia

September 2024

Constitutional Court retains death penalty but limits its scope

On 20 September, Taiwan’s Constitutional Court ruled that the death penalty remains constitutional for “the most serious crimes” while imposing stricter limitations on its application. While some legal and rights experts expressed disappointment that the death penalty was not entirely abolished, they acknowledged that the ruling represents a modest but important step toward reducing death sentences and advancing criminal justice reforms in Taiwan.  The decision was made in response to a legal challenge by 37 death row inmates and took effect immediately. The Court also directed the government to amend several criminal procedural laws within two years to enhance protections for the right to life and due process. These include requiring unanimous sentencing by a judicial panel, banning sentences for defendants with psychological disabilities and strengthening protections during criminal trials.

Sources: Taipei Times, Human Rights Watch, Nikkei Asia, The Death Penalty Project

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Global ranking per category of democratic performance in 2024

Chevron
Representation
18/173
Rights
24/173
Rule of Law
18/173
Participation
8/173

Basic Information

Chevron
Population
23 355 470
System of government
Semi-Presidential system
Head of government
Premier Cho Jung-tai (since 2024)
Head of government party
Democratic Progressive Party
Electoral system for lower or single chamber
Parallel
Women in lower or single chamber
41.6%
Women in upper chamber
Not applicable
Last legislative election
2024
Effective number of political parties Tooltip
3.13
Head of state
President Lai Ching-te
Selection process for head of state
Direct election (plurality)
Tooltip text

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Performance by category over the last 6 months

Representation neutral Representation
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Representation neutral Rights
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Representation neutral Rule of law
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Representation neutral Participation
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Global State of Democracy Indices

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Explore the indices
Representation
Representation
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/1
high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Rights
Rights
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high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Rule of Law
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high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Participation
Participation
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/1
high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4

Factors of Democratic Performance Over Time

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