Taiwan
Taiwan, officially the Republic of China (ROC), exhibits high-range performance across all four of the categories of the Global State of Democracy Framework and is among the top 25 per cent of countries regarding nearly all factors of democratic performance. Over the last five years, it has experienced declines in Freedom of the Press. However, in the last decade, it has seen advances in Predictable Enforcement, Rule of Law, Credible Elections, Access to Justice and Absence of Corruption. Taiwan has a highly developed free-market economy, largely driven by export-oriented industrial manufacturing such as semiconductors.
The island has been governed independently of mainland China since 1949, following the Chinese civil war in which nationalists fled the mainland after losing ground to Mao Zedong’s communist forces. Taiwan maintains formal diplomatic relations with only 12 nations around the world and is not a member of the United Nations due to long-standing territorial disputes with the People’s Republic of China – which still considers Taiwan part of its territory.
National identity is a salient issue, especially since Taiwan’s democratic transition in 1996. Ethnic cleavages between native Taiwanese and those who immigrated from the mainland during the 1940s are reflected in the current factions of the pro-unification Kuomintang (KMT) party and the ruling pro-independence Democratic Progressive Party (DPP). Polarization between the two parties has made the independence and unification issue more prominent and has had decisive impacts on the political attitudes and behavior of Taiwan voters. This partisan identification is also reflected in voters’ positions on economic cross-strait relations between China and Taiwan, as exemplified by the youth-led Sunflower Movement. In 2014, this group opposed a proposed free trade agreement with China. Since the 2024 election, Taiwan has faced a divided government and institutional gridlock as polarized parties clash over control of the executive and judicial branches. Despite significant progress in strengthening anti-corruption laws over the past decade, corruption, bribery and clientelism persist locally due to intertwined ties between business and politics.
The island also boasts one of Asia’s most vibrant civil societies, known for making Taiwan a leader in gender equality and broader democracy and environmental protection initiatives. Notably, Taiwan became one of the first countries in Asia to legalize same-sex marriage in 2019. Furthermore, the country’s strong institutional and legal frameworks have provided high levels of representation for women in politics.
While the majority of Taiwan’s population are Han Chinese, Taiwan also has a sizeable indigenous minority of Austronesian descent who make up around two per cent of its population. While not actively excluded from politics, they are economically and socially marginalized and continue to fight for land rights and cultural recognition. Indigenous people have six reserved seats in parliament, yet are considered pigeonholed in that they cannot run outside the reserved seat system. Taiwan’s indigenous people have traditionally been considered an “iron vote” for the KMT party due to KMT’s longstanding ties with the communities, although this has been shifting in recent years.
Looking ahead, both Representation and Rule of Law should be monitored amidst political parties’ deepening divisions. Relatedly, Taiwan will need to carefully navigate cross-strait relations in the aftermath of the 2024 presidential elections. Lastly, the judiciary will continue to play a key role in battling corruption and legislative overreach – alongside public and civil society’s increased oversight of government officials and lawmakers.
Last Updated: June 2025
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 IDEA, Jurist, Taipei 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
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 Bloom, Nikkei 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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