Hui-Wen Chen
@huiwenchen.bsky.social
Taiwan/UK
Interested in comparative constitutional law, human rights and transitional justice.
Interested in comparative constitutional law, human rights and transitional justice.
Taiwan’s 8-member Constitutional Court has effectively ceased functioning since Jan 2025, after Parliament raised voting thresholds, changed quorum rules & blocked new nominations. No judgments have been issued since 7 Justices stepped down on 31 Oct 2024.
www.taiwannews.com.tw/news/6216619
www.taiwannews.com.tw/news/6216619
Taiwan’s Constitutional Court split over legality of holding judicial reviews | Taiwan News | Oct. 9, 2025 10:48
Justices divided on whether court can operate with fewer than 10 members | Oct. 9, 2025 10:48
www.taiwannews.com.tw
October 10, 2025 at 8:26 AM
Taiwan’s 8-member Constitutional Court has effectively ceased functioning since Jan 2025, after Parliament raised voting thresholds, changed quorum rules & blocked new nominations. No judgments have been issued since 7 Justices stepped down on 31 Oct 2024.
www.taiwannews.com.tw/news/6216619
www.taiwannews.com.tw/news/6216619
Save the Date: Sept 18
Join the authors of the latest issue of Constitutional Studies for a dynamic online panel discussion on the state of the field in constitutional studies.
🔗 Register: shorturl.at/1WVfU
📖 Read Constitutional Studies: constitutionalstudies-ojs-utexas.tdl.org/cs/issue/vie...
Join the authors of the latest issue of Constitutional Studies for a dynamic online panel discussion on the state of the field in constitutional studies.
🔗 Register: shorturl.at/1WVfU
📖 Read Constitutional Studies: constitutionalstudies-ojs-utexas.tdl.org/cs/issue/vie...
September 11, 2025 at 9:24 AM
Save the Date: Sept 18
Join the authors of the latest issue of Constitutional Studies for a dynamic online panel discussion on the state of the field in constitutional studies.
🔗 Register: shorturl.at/1WVfU
📖 Read Constitutional Studies: constitutionalstudies-ojs-utexas.tdl.org/cs/issue/vie...
Join the authors of the latest issue of Constitutional Studies for a dynamic online panel discussion on the state of the field in constitutional studies.
🔗 Register: shorturl.at/1WVfU
📖 Read Constitutional Studies: constitutionalstudies-ojs-utexas.tdl.org/cs/issue/vie...
The Taiwan Constitutional Court's 2024 Annual Report is here! This is an essential resource for the TCC's case law and developments. The full report is available on the TCC website: cons.judicial.gov.tw/en/docdata.a...
September 9, 2025 at 11:19 AM
The Taiwan Constitutional Court's 2024 Annual Report is here! This is an essential resource for the TCC's case law and developments. The full report is available on the TCC website: cons.judicial.gov.tw/en/docdata.a...
Reposted by Hui-Wen Chen
Civil society launched a mass recall campaign against Taiwan’s opposition party KMT, backed by the ruling DPP.
After its electoral setback, MING-SUNG KUO reflects on the more nuanced dissonances between Taiwan’s democratic image and its constitutional realities.
verfassungsblog.de/three-opposi...
After its electoral setback, MING-SUNG KUO reflects on the more nuanced dissonances between Taiwan’s democratic image and its constitutional realities.
verfassungsblog.de/three-opposi...
August 7, 2025 at 12:53 PM
Civil society launched a mass recall campaign against Taiwan’s opposition party KMT, backed by the ruling DPP.
After its electoral setback, MING-SUNG KUO reflects on the more nuanced dissonances between Taiwan’s democratic image and its constitutional realities.
verfassungsblog.de/three-opposi...
After its electoral setback, MING-SUNG KUO reflects on the more nuanced dissonances between Taiwan’s democratic image and its constitutional realities.
verfassungsblog.de/three-opposi...
Ming-Sung Kuo, "On the Dangerous Road to Instantaneous Democracy: Judicial Remedy and the Dismantling of Institutional Decelerator in Trump v CASA"
IACL-AIDC Blog (3 July 2025)
blog-iacl-aidc.org/2025-posts/2...
IACL-AIDC Blog (3 July 2025)
blog-iacl-aidc.org/2025-posts/2...
On the Dangerous Road to Instantaneous Democracy: Judicial Remedy and the Dismantling of Institutional Decelerator in Trump v CASA — IACL-IADC Blog
Ming-Sun KUO The decision of Trump v CASA ca me at the en d of the 2024-25 term of the Supreme Court of the United States (SCOTUS) just before the Court entered the summer recess. In this much an...
blog-iacl-aidc.org
July 4, 2025 at 7:40 AM
Ming-Sung Kuo, "On the Dangerous Road to Instantaneous Democracy: Judicial Remedy and the Dismantling of Institutional Decelerator in Trump v CASA"
IACL-AIDC Blog (3 July 2025)
blog-iacl-aidc.org/2025-posts/2...
IACL-AIDC Blog (3 July 2025)
blog-iacl-aidc.org/2025-posts/2...
ICON-S Taiwan Chapter Call For Papers
May 12, 2025 at 9:46 AM
ICON-S Taiwan Chapter Call For Papers
👇We analyse how the (perceived) countermajoritarian TCC finds itself caught in polarized party politics after the Death Penalty Case & the Limits of the Legislative Power Case, leading to the TCC's current "rump" status & the looming suspension of const. jurisdiction in Taiwan.
shorturl.at/YfWC2
shorturl.at/YfWC2
After Courting Death: Taiwan’s (Rump) Constitutional Court Caught in the Political Crossfire — IACL-IADC Blog
Ming-Sung KUO & Hui-Wen CHEN As it stands, the Taiwan Constitutional Court (TCC) is a rump court with its future hanging in the air. After seven Justices – including the Chief Justice and his dep...
blog-iacl-aidc.org
February 4, 2025 at 10:54 AM
👇We analyse how the (perceived) countermajoritarian TCC finds itself caught in polarized party politics after the Death Penalty Case & the Limits of the Legislative Power Case, leading to the TCC's current "rump" status & the looming suspension of const. jurisdiction in Taiwan.
shorturl.at/YfWC2
shorturl.at/YfWC2
Reposted by Hui-Wen Chen
Uploaded the intro and chapter one of my new book with CUP to SSRN:"The failures of others: Justifying institutional expansion in comparative public and international law", dealing w how institutions expand their powers bc others are failing - more here: papers.ssrn.com/sol3/papers....
<div>
<br>
</div>
<div>
<p><span> </span><b>The Failures of Others: Justifying institutional expansion in comparative public and international law<span> (Excerpt book manuscript for Cambridge Univer...
<p><i><span>Arguments from failure – arguments that an institution must expand its powers because another institution is failing in some way "to do its job
papers.ssrn.com
January 23, 2025 at 2:51 PM
Uploaded the intro and chapter one of my new book with CUP to SSRN:"The failures of others: Justifying institutional expansion in comparative public and international law", dealing w how institutions expand their powers bc others are failing - more here: papers.ssrn.com/sol3/papers....
Yesterday, Taiwan carried out its first execution since the TCC's landmark—but controversial—ruling on death penalty (20 Sept 2024). Here is our view on this appalling development: "Killing in a Constitutional Guardian's Name" by Hui-Wen Chen & Ming-Sung Kuo
👉 mingsungkuo.medium.com/killing-in-a...
👉 mingsungkuo.medium.com/killing-in-a...
Killing in a Constitutional Guardian’s Name: Taiwan’s Execution after the TCC’s Death Penalty…
By Ming-Sung Kuo & Hui-Wen Chen
mingsungkuo.medium.com
January 17, 2025 at 4:43 PM
Yesterday, Taiwan carried out its first execution since the TCC's landmark—but controversial—ruling on death penalty (20 Sept 2024). Here is our view on this appalling development: "Killing in a Constitutional Guardian's Name" by Hui-Wen Chen & Ming-Sung Kuo
👉 mingsungkuo.medium.com/killing-in-a...
👉 mingsungkuo.medium.com/killing-in-a...
Thread on the Taiwan Constitutional Court: Not Captured by the Political Branch, but Caught b/w Divided Majorities
(1/5) On Jan 10, the opposition-controlled Legislature upheld the controversial Amendment to the Constitutional Court Procedure Act (CCPA), despite the government’s objections.
(1/5) On Jan 10, the opposition-controlled Legislature upheld the controversial Amendment to the Constitutional Court Procedure Act (CCPA), despite the government’s objections.
January 11, 2025 at 3:13 PM
Thread on the Taiwan Constitutional Court: Not Captured by the Political Branch, but Caught b/w Divided Majorities
(1/5) On Jan 10, the opposition-controlled Legislature upheld the controversial Amendment to the Constitutional Court Procedure Act (CCPA), despite the government’s objections.
(1/5) On Jan 10, the opposition-controlled Legislature upheld the controversial Amendment to the Constitutional Court Procedure Act (CCPA), despite the government’s objections.
Ming-Sung Kuo's article, 'Progress, Continuity, and Constitutional Amendment: Envisaging Legitimacy in the Pre-Global South's Quest for Modernity in China and Taiwan', has been officially published in the Asian Journal of Comparative Law.
👉 www.cambridge.org/core/journal...
👉 www.cambridge.org/core/journal...
Progress, Continuity, and Constitutional Amendment: Envisaging Legitimacy in the pre-Global South's Quest for Modernity in China and Taiwan | Asian Journal of Comparative Law | Cambridge Core
Progress, Continuity, and Constitutional Amendment: Envisaging Legitimacy in the pre-Global South's Quest for Modernity in China and Taiwan
www.cambridge.org
January 5, 2025 at 4:52 PM
Ming-Sung Kuo's article, 'Progress, Continuity, and Constitutional Amendment: Envisaging Legitimacy in the Pre-Global South's Quest for Modernity in China and Taiwan', has been officially published in the Asian Journal of Comparative Law.
👉 www.cambridge.org/core/journal...
👉 www.cambridge.org/core/journal...
Yesterday, the Legislature voted along party lines to reject all 7 Taiwan Constitutional Court nominees, leaving the (rump) TCC of 8 justices in limbo — a frustrating and disappointing moment in Taiwan's constitutional history.
www.taipeitimes.com/News/front/a...
www.taipeitimes.com/News/front/a...
www.taipeitimes.com
December 25, 2024 at 2:40 AM
Yesterday, the Legislature voted along party lines to reject all 7 Taiwan Constitutional Court nominees, leaving the (rump) TCC of 8 justices in limbo — a frustrating and disappointing moment in Taiwan's constitutional history.
www.taipeitimes.com/News/front/a...
www.taipeitimes.com/News/front/a...
Justice Jau-Yuan Hwang, Ming-Sung Kuo and I coauthored the Taiwan Report in "The 2023 Global Review of Constitutional Law" (edited by Richard Albert et al.), analysing Taiwan's constitutional developments and TCC decisions in 2023.
SSRN: papers.ssrn.com/sol3/papers....
SSRN: papers.ssrn.com/sol3/papers....
The 2023 Global Review of Constitutional Law: Taiwan
<div>
2023 was a year of continuity in terms of Taiwan’s constitutional development. On the one hand, as the new nomos of the developing geopolitical rebalanci
papers.ssrn.com
December 11, 2024 at 8:08 AM
Justice Jau-Yuan Hwang, Ming-Sung Kuo and I coauthored the Taiwan Report in "The 2023 Global Review of Constitutional Law" (edited by Richard Albert et al.), analysing Taiwan's constitutional developments and TCC decisions in 2023.
SSRN: papers.ssrn.com/sol3/papers....
SSRN: papers.ssrn.com/sol3/papers....
Ming-Sung Kuo's new OJLS article on the state of comparative constitutional studies:
"Four Matters of Interpretation: The Constitutional Phenomenon in Comparative Studies" (Oxford Journal of Legal Studies, Forthcoming)
SSRN: papers.ssrn.com/sol3/papers....
"Four Matters of Interpretation: The Constitutional Phenomenon in Comparative Studies" (Oxford Journal of Legal Studies, Forthcoming)
SSRN: papers.ssrn.com/sol3/papers....
December 10, 2024 at 7:37 AM
Ming-Sung Kuo's new OJLS article on the state of comparative constitutional studies:
"Four Matters of Interpretation: The Constitutional Phenomenon in Comparative Studies" (Oxford Journal of Legal Studies, Forthcoming)
SSRN: papers.ssrn.com/sol3/papers....
"Four Matters of Interpretation: The Constitutional Phenomenon in Comparative Studies" (Oxford Journal of Legal Studies, Forthcoming)
SSRN: papers.ssrn.com/sol3/papers....
TCC recently upheld the constitutionality of death patently while subjecting its imposition to the strictest requirement of due process. This seemingly incrementalist abolition-leaning judgment has been criticised by abolitionists in Taiwan. Here is our comment:
www.iconnectblog.com/taiwan-const...
www.iconnectblog.com/taiwan-const...
October 12, 2024 at 1:37 PM
TCC recently upheld the constitutionality of death patently while subjecting its imposition to the strictest requirement of due process. This seemingly incrementalist abolition-leaning judgment has been criticised by abolitionists in Taiwan. Here is our comment:
www.iconnectblog.com/taiwan-const...
www.iconnectblog.com/taiwan-const...
In a landmark judgment of Sept. 20, 2024, the Taiwan Constitutional Court upholds the constitutionality of death penalty but limits its use. Here is the case summary (in English) issued by the TCC.
👉 cons.judicial.gov.tw/en/docdata.a...
👉 cons.judicial.gov.tw/en/docdata.a...
Case News on TCC Judgment 113 Hsien-Pan-8 (2024) - Constitutional Court R.O.C. (Taiwan)
Case News on TCC Judgment 113 Hsien-Pan-8 (2024)
cons.judicial.gov.tw
September 24, 2024 at 9:19 AM
In a landmark judgment of Sept. 20, 2024, the Taiwan Constitutional Court upholds the constitutionality of death penalty but limits its use. Here is the case summary (in English) issued by the TCC.
👉 cons.judicial.gov.tw/en/docdata.a...
👉 cons.judicial.gov.tw/en/docdata.a...
Ming-Sung Kuo, The Constituent Power’s Two Faces: Constituent Power as a Progressive Idea and as Part of a Conservative Doctrine at Once
ukconstitutionallaw.org/2024/09/16/m...
ukconstitutionallaw.org/2024/09/16/m...
Ming-Sung Kuo: The Constituent Power’s Two Faces
Constitution-making has been part of political life since the 18th century. Today it is no longer a royal exercise to be completed by a stroke of pen. It is touted as a foundational political act in...
ukconstitutionallaw.org
September 16, 2024 at 9:37 AM
Ming-Sung Kuo, The Constituent Power’s Two Faces: Constituent Power as a Progressive Idea and as Part of a Conservative Doctrine at Once
ukconstitutionallaw.org/2024/09/16/m...
ukconstitutionallaw.org/2024/09/16/m...
Congratulations to Prof Cora Chan on publishing her new book, 'Deference in Human Rights Adjudication'. An important contribution to human rights law, constitutional theory and comparative constitutional law.
More info👉 doi.org/10.1093/9780...
More info👉 doi.org/10.1093/9780...
June 30, 2024 at 10:08 AM
Congratulations to Prof Cora Chan on publishing her new book, 'Deference in Human Rights Adjudication'. An important contribution to human rights law, constitutional theory and comparative constitutional law.
More info👉 doi.org/10.1093/9780...
More info👉 doi.org/10.1093/9780...
Comments on Taiwan's controversial parliamentary reform bills by Yen-Tu Su and Yung-Djong Shaw
verfassungsblog.de/taiwans-cons...
verfassungsblog.de/taiwans-cons...
Taiwan’s Constitutional Showdown: A Letter from Taipei
A stress test for Taiwan's democracy.
verfassungsblog.de
June 22, 2024 at 5:14 PM
Comments on Taiwan's controversial parliamentary reform bills by Yen-Tu Su and Yung-Djong Shaw
verfassungsblog.de/taiwans-cons...
verfassungsblog.de/taiwans-cons...
Lords Sumption & Collins, former UK SC justices, resigned as overseas judges on the Hong Kong Court of Final Appeal last week.
Lord Sumption: “HK is slowly becoming a totalitarian state. The rule of law is profoundly compromised in any area about which the gov't feels strongly." shorturl.at/eiEg1
Lord Sumption: “HK is slowly becoming a totalitarian state. The rule of law is profoundly compromised in any area about which the gov't feels strongly." shorturl.at/eiEg1
The rule of law in Hong Kong is in grave danger
Many judges have lost sight of their traditional role as defenders of the liberty of the subject
www.ft.com
June 11, 2024 at 10:09 AM
Lords Sumption & Collins, former UK SC justices, resigned as overseas judges on the Hong Kong Court of Final Appeal last week.
Lord Sumption: “HK is slowly becoming a totalitarian state. The rule of law is profoundly compromised in any area about which the gov't feels strongly." shorturl.at/eiEg1
Lord Sumption: “HK is slowly becoming a totalitarian state. The rule of law is profoundly compromised in any area about which the gov't feels strongly." shorturl.at/eiEg1
In contrast to const. lawyers, why have int’l lawyers shown little interest in the idea of militant democracy when int’l order is also faced w/ threats of authoritarian co-optation? Ming-Sung Kuo's EJIL paper "Militant Democracy Unmoored?" tries to answer this unasked Q.
👉 doi.org/10.1093/ejil...
👉 doi.org/10.1093/ejil...
June 2, 2024 at 10:29 AM
In contrast to const. lawyers, why have int’l lawyers shown little interest in the idea of militant democracy when int’l order is also faced w/ threats of authoritarian co-optation? Ming-Sung Kuo's EJIL paper "Militant Democracy Unmoored?" tries to answer this unasked Q.
👉 doi.org/10.1093/ejil...
👉 doi.org/10.1093/ejil...
Dr Wu Jieh-min 吳介民 (Institute of Sociology, Academia Sinica, Taiwan) will give a lecture at University of Warwick on 7 May (4-6pm): “The War Over Identities: How China Has Transformed the Meanings of Taiwan Independence.” Come to join the discussion.
Info: shorturl.at/pGLZ8
Info: shorturl.at/pGLZ8
April 29, 2024 at 10:39 AM
Dr Wu Jieh-min 吳介民 (Institute of Sociology, Academia Sinica, Taiwan) will give a lecture at University of Warwick on 7 May (4-6pm): “The War Over Identities: How China Has Transformed the Meanings of Taiwan Independence.” Come to join the discussion.
Info: shorturl.at/pGLZ8
Info: shorturl.at/pGLZ8
The Taiwan Constitutional Court is seized of the matter of life and death!
The TCC announced that the petitions on the constitutionality of statutory death penalty are admissible. A public hearing will be held on April 23, 2024.
The TCC announced that the petitions on the constitutionality of statutory death penalty are admissible. A public hearing will be held on April 23, 2024.
January 25, 2024 at 9:58 AM
The Taiwan Constitutional Court is seized of the matter of life and death!
The TCC announced that the petitions on the constitutionality of statutory death penalty are admissible. A public hearing will be held on April 23, 2024.
The TCC announced that the petitions on the constitutionality of statutory death penalty are admissible. A public hearing will be held on April 23, 2024.
My chapter in "The Architecture of Constitutional Amendment" (Richard Albert ed) analyses why Taiwan has adopted an appendative-invisible hybrid model to codify constitutional amendments and how this model, first considered a temporary solution, has turned indefinite. SSRN Link: rb.gy/xhncx8
How should constitutions codify amendments? "The Architecture of Constitutional Amendments: History, Law, Politics" edited by Richard Albert aims to answer this question by examining different models of amendment codifications. Read the Introduction of this book here: bit.ly/3H7jeyB
January 8, 2024 at 3:04 PM
My chapter in "The Architecture of Constitutional Amendment" (Richard Albert ed) analyses why Taiwan has adopted an appendative-invisible hybrid model to codify constitutional amendments and how this model, first considered a temporary solution, has turned indefinite. SSRN Link: rb.gy/xhncx8
How should constitutions codify amendments? "The Architecture of Constitutional Amendments: History, Law, Politics" edited by Richard Albert aims to answer this question by examining different models of amendment codifications. Read the Introduction of this book here: bit.ly/3H7jeyB
January 8, 2024 at 2:49 PM
How should constitutions codify amendments? "The Architecture of Constitutional Amendments: History, Law, Politics" edited by Richard Albert aims to answer this question by examining different models of amendment codifications. Read the Introduction of this book here: bit.ly/3H7jeyB