Judicial review of the constitution has played an important role both in the process of democratisation and in the consolidation of democracy. Constitutional scholars agree, however, that the constitutional process should be even more accessible and transparent for citizens in order to improve the protection of fundamental rights.
Whether to do so through the reinforcement of norms or a system of constitutional complaint (Urteilsverfassungsbeschwerde), however, has been hotly contested. Influenced by German-trained lawyers who have looked to German legal literature and court decisions for relevant insights, the Judicial Yuan, which can submit draft bills for legal reform to the Legislative Yuan, has now chosen the latter option.
Yeong-chin Su is a professor at the College of Law of National Chengchi University in Taipei, Taiwan (Republic of China). He received his doctorate from Ludwig-Maximilians University in Munich and was a constitutional judge and vice-president of the Judicial Yuan of the Republic of China (Taiwan). He is currently a member of the European Regional Committee of the Chiang Ching-kuo Foundation for International Scholarly Exchange.