The Kuomintang group in the Legislative Yuan has listed the draft amendment to some provisions of the referendum law that "constitutional judgments can be referred to a referendum" as a priority bill in the new session. Since the bill was submitted to the second reading at the end of last year, the Democratic Progressive Party group had proposed a reconsideration and was rejected by Blue and White. The Kuomintang group will convene for negotiations. At that time, the ruling and opposition legislators will set off another wave of attacks and defenses.
The Blue and White Legislators of the Legislative Yuan jointly passed the "Amendment to the Constitutional Procedure Law" on the third reading at the end of 2014, which resulted in the Constitutional Court being idle for one year. The Constitutional Court declared the new Constitutional Procedure Law unconstitutional on December 19, 2025, and it became invalid with immediate effect, allowing the Constitutional Court to be "resurrected."
To this end, the Kuomintang League proposed the "Draft Amendment to Articles 2 and 30 of the Referendum Law". The Constitutional Court's judgment can also be submitted to the people for review through a referendum. It was held for a second reading in the Legislative Yuan on December 26, 2025. The Democratic Progressive Party League proposed a review on January 9 this year, but lost to the blue-white majority during the vote. The resolution was passed as originally decided, and the Kuomintang League convened for consultation.
According to the proposal of the Kuomintang League, among the referendum-applicable matters in Article 2 of the Referendum Law, the referendum item "Review of all or part of the main text of the Constitutional Court's decision other than the impeachment case of the President or Vice President" was added; Article 30 of the Referendum Law, regarding the review of laws, autonomy regulations, or Constitutional Court decisions, the original law, autonomy regulations, or Constitutional Court decisions will lose their validity from the third day after the announcement. "Laws declared unconstitutional shall be restored to their validity."
The revised law also stipulates that the president or the responsible authority should propose the necessary measures to realize the contents of the referendum "within three months." Administrative agencies shall not change major policies that have been created or reviewed within 3 years.
The Kuomintang League stated that in view of the fact that the Constitutional Tribunal's 113-year-old Constitutional Tribunal No. 8 "effectively abolishing death penalty" violated 80% of the national public opinion, and the 114-year Constitutional Tribunal Judgment No. 1 illegally exercised the power of constitutional review, undermined the Constitutional Tribunal's judicial system, and trampled on the principle of national sovereignty and the principle of separation of powers. Based on the fact that the sovereignty of the Republic of China belongs to all citizens, the existence, operation and effectiveness of judicial power should be based on the will of the people as its legitimacy and must not deviate from the principle of national sovereignty.
The Kuomintang League pointed out that the justices of the Constitutional Court of the Judicial Yuan are elected based on indirect democratic legitimacy. Although their judgments (constitutional interpretations) have general binding force, if the people find it difficult to accept the judgment of the Constitutional Court, or if the constitutional judgment is obviously and seriously illegal, the people should be allowed to have the right to review the judgment of the Constitutional Court just like the law of review. That is, the people can launch a referendum review in accordance with the law to test whether the constitutional judgment is consistent with the principles of democracy and national sovereignty, and to prevent the Constitutional Court from becoming an out-of-control constitutional monster.
The Kuomintang group emphasized that although the Constitutional Court has the power to interpret the Constitution, its trial procedures are not as rigorous and have a high degree of democratic legitimacy as the constitutional amendment process. Constitutional interpretation and constitutional amendment are not only different in nature, but also the engine and the procedures that should be followed. The effectiveness level of the Constitutional Court's judgment is not the same as the text of the Constitution and the additional provisions. It has general binding force and is no different from the law. Moreover, it is not uncommon for the justices to change their previous opinions. Therefore, the Constitutional Court's judgment must not be changed or challenged.
The Kuomintang group stated that after a constitutional amendment is proposed by the Legislative Yuan, it must be reviewed by all citizens, so there is no reason why the ruling of the Constitutional Court, which is lower than the constitutional level, cannot be used as a matter for referendum review.
