Taiwan’s opposition-led Legislative Yuan escalated its standoff with the Central Election Commission (CEC) on Friday by advancing a Kuomintang (KMT) proposal to file an administrative lawsuit against the CEC to a second reading, bypassing committee scrutiny. The legal move comes in response to the CEC’s controversial decision to reject a proposed referendum related to the death penalty.
📰 Background and Core Dispute
The referendum proposed by the KMT sought to allow judges to impose the death penalty without a unanimous verdict. However, the CEC rejected the initiative in May, citing a 2024 Constitutional Court ruling mandating unanimity in capital punishment cases. The CEC also ruled that the question did not qualify as a “major policy issue” under the current Referendum Act.
This decision has sparked strong reactions from opposition parties, particularly as public opinion in Taiwan remains overwhelmingly in favor of retaining the death penalty. A recent survey by National Chung Cheng University revealed 87.97% of respondents oppose abolishing it.
⚖️ Legislative Maneuvering and Political Tensions
In Friday’s session, 60 of the 111 attending lawmakers — all from opposition parties — voted to send the KMT proposal to second reading without a committee review. The Democratic Progressive Party (DPP), with 51 members present, stood in opposition.
Legislative Speaker Han Kuo-yu (KMT) confirmed that the proposal now enters caucus negotiations, as per procedures outlined in the Law Governing the Legislative Yuan’s Power.
🗣️ Opposition’s Criticism of the CEC
KMT Legislator Niu Hsu-ting accused the CEC of acting “above the law” and disregarding public will. “The DPP is selectively blocking referendums it finds politically inconvenient,” she stated, echoing broader concerns about executive overreach and democratic accountability.
Adding to the criticism, TPP Legislator Chen Gau-tzu argued that the CEC had no authority to reject a question passed through legislative means. “If the Legislative Yuan has passed the question, the CEC must hold the vote,” she said.
🛑 DPP Pushback: Not All Questions Are Eligible
But not everyone agrees. DPP Legislator Chung Chia-pin defended the CEC’s decision by pointing out a procedural technicality: no formal hearing was held before the CEC’s rejection, which under administrative law, limits the Legislature to filing an appeal rather than a lawsuit.
Chung also emphasized that referendums under Taiwan’s laws are restricted to major policy decisions, not foundational legal principles like criminal procedure or constitutional rights. “This is a matter for legislation, not direct democracy,” he argued, suggesting the KMT should instead pursue a legal amendment to change the Referendum Act’s scope.
🔍 Analysis: Legal, Political, and Social Crossroads
The case exemplifies a complex clash between Taiwan’s democratic institutions. On one hand, the Legislature — especially under opposition control — is asserting its mandate to reflect public will through referendums. On the other, the CEC and judicial authorities are acting as constitutional gatekeepers, preventing initiatives that may violate Taiwan’s fundamental legal norms.
At the heart of the issue is the role of direct democracy in Taiwan’s legal framework, especially regarding controversial issues like capital punishment, where popular opinion and constitutional safeguards diverge.
Moreover, this legal challenge serves as a broader political proxy battle between the ruling DPP and the opposition bloc, particularly as Taiwan continues to navigate complex questions about judicial independence, electoral transparency, and democratic legitimacy.
📌 FAQs
What was the referendum question proposed by the KMT?
The KMT wanted to propose a referendum asking if judges should be allowed to impose the death penalty without requiring a unanimous verdict.
Why did the CEC reject the referendum?
The CEC said it contradicted a 2024 Constitutional Court ruling and did not meet the Referendum Act’s requirement of addressing a “major policy issue.”
Can the Legislature sue the CEC?
It’s disputed. DPP lawmakers argue that only CEC decisions made after formal hearings are subject to administrative lawsuits. In this case, the Legislature may only appeal the decision.
What does public opinion in Taiwan say about the death penalty?
A January 2025 poll found nearly 88% of Taiwanese oppose abolishing the death penalty.
What happens next?
The proposal goes to caucus negotiations and a second reading. If passed, the Legislature will file an administrative lawsuit against the CEC.
