Qualification for Justices of the Constitutional Court
In accordance with Article 4, Paragraph 1 of the Judicial Yuan Organization Act, Justices must be selected from those who satisfy at least one of the following qualifications:
(1) Having served as tenured judge for at least fifteen years with distinction;
(2) Having served as tenured public prosecutor for at least 15 years with distinction;
(3) Having practiced law as attorney-at-law for at least twenty-five years with distinction;
(4) Having served as professor for at least twelve years in a university or a college that is accredited by the Ministry of Education, with at least eight years’ experience of lecturing on the primary subjects as provided for in Article 5, Paragraph 4 of the Judges Act, and with a good record of relevant publications;
(5) Having served as judge in an international tribunal, or having worked in an academic institution with expertise of public law or comparative law, with authoritative publications on the relevant subjects;
(6) Having researched on law and having political experiences with distinction.
The number of Justices selected on the basis of any of the above qualifications must not exceed one-third of the total number of Justices.
The critical date for the determination as to whether a nominee satisfies the qualification for Justiceship is the date of nomination.
Appointment of Justices of the Constitutional Court
In accordance with Article 5, Paragraphs 1 and 2 of the Additional Articles, from October 2003 on, the Constitutional Court comprises fifteen Justices, two of whom also serve as the President and the Vice President of the Judicial Yuan, respectively. Each Justice is appointed for a staggered term of eight years and prohibited from serving consecutive terms. The Justices serving as the President and the Vice President of the Judicial Yuan do not have security of tenure.
(Under the Judicial Yuan Organization Act, from 1948 to September 2003, the number of Justices was seventeen. Each Justice served a renewable nine-year term.)
The power to nominate Justices is vested in the President and appointments are made with the consent of the Legislative Yuan. The Justices are regarded as judges for the purpose of Article 80 of the ROC Constitution. Justices are required to stand above political parties and exercise their powers independently, free from any interference.