Public support not enough for constitutional reform in Taiwan

In 2022, Taiwan experienced a failed constitutional amendment effort aimed at lowering the voting age and age of majority to 18. Despite broad societal consensus, the amendment fell short at the final hurdle and ultimately did not pass.

This event also marked the beginning of what many see as a constitutional deadlock in Taiwan, where amending the constitution has become nearly impossible.

The amendment failed largely due to the high threshold set for constitutional revision.

Under the current constitutional rules, an amendment must pass the following hurdles to be ratified:

1. The beginning stage involves submitting a draft proposal in the Legislative Yuan — the unicameral legislature — and to initiate this, at least one-fourth of all legislators must co-sponsor the proposal.

2. For the proposal to pass the Legislative Yuan, at least three-fourths of all legislators must be present, and three-fourths of those present must vote in favor of the draft.

3. Once passed, the draft must be publicly announced for six months. Within three months after this announcement period, the proposal must be submitted to a national referendum.

4. For the referendum to pass, more than half of all eligible voters—not just those who cast ballots—must vote in favor of the proposal. In 2022, this meant that over 9.62 million votes in favor were needed.

Ultimately, only around 5.64 million voted in favor, far below the required threshold.

This high bar for constitutional reform was established in the seventh constitutional amendment in 2005. It has made passing any future reforms extremely difficult, if not impossible.

The 2005 amendment was part of a broader push to streamline government and improve legislative efficiency. It reduced the number of lawmakers from 225 to 113 and replaced the National Assembly with direct referendums.

But the new referendum requirement has effectively created a “closed loop.” Lowering the threshold would itself require a constitutional amendment — subject to the same threshold.

Calls for reform have continued. While the 2022 referendum failed, the push to lower the voting age highlighted the growing frustration with the rigid amendment process.

Features of the Constitution of the Republic of China

The Republic of China (ROC) Constitution, adopted in 1947, differs from most Western democracies by dividing government power into five separate branches instead of the usual three. This system was designed by Sun Yat-sen (孫中山), the ROC’s founder.

Alongside the executive, legislative, and judicial branches are two unique bodies: the Control Yuan, which oversees government accountability, and the Examination Yuan, which certifies civil service qualifications.

Originally, the ROC had three representative bodies: the National Assembly, the Legislative Yuan, and the Control Yuan. The President was indirectly elected by National Assembly delegates.

The original system leaned toward a dual executive model. The Premier, as head of the Executive Yuan, was accountable to the legislature.

However, the Constitution was sidelined in 1948 with the introduction of “Temporary Provisions” during the Chinese Civil War. These provisions gave the government emergency powers and suspended many constitutional rights.

After retreating to Taiwan in 1949, the Kuomintang (KMT) government imposed martial law, which lasted until 1987. That year, President Chiang Ching-kuo (蔣經國) lifted martial law, opening the door to democratization.

The path to democratic constitutional reform

Following Chiang’s death in 1988, President Lee Teng-hui led a wave of constitutional reforms in response to public demands, including the 1990 Wild Lily student movement.

The first constitutional amendments came in 1991. The Temporary Provisions were abolished, and new "Additional Articles" redefined the government structure and secured Indigenous rights.

Further amendments in 1992 and 1994 laid the groundwork for direct presidential elections, which began in 1996. Lee Teng-hui became Taiwan’s first directly elected president.

The fourth amendment in 1997 gave the President more power, including appointing the Premier without legislative approval. The legislature could now impeach the President, while the President could dissolve the legislature after a no-confidence vote.

This shift marked a move toward a semi-presidential system favoring strong presidential authority, though critics say it lacks effective checks and balances.

A failed fifth amendment to Taiwan's constitution attempt in 1999 sparked public backlash. In 2000, the Constitutional Court declared the amendment invalid, prompting a consensus to abolish the National Assembly.

The sixth amendment in 2000 turned the National Assembly into a temporary, non-standing body. The Legislative Yuan was granted the sole power to propose amendments.

The seventh and most recent amendment in 2005 gave citizens the power to ratify constitutional changes through referendums. But the required turnout makes passing amendments nearly impossible.

Despite this, public interest in constitutional reform remains high. In 2023, a survey by the Foundation for the People found 60% of Taiwanese believe the current system causes a mismatch of power and responsibility.

The President holds significant authority, but the Premier bears much of the blame when things go wrong — even though the Premier lacks true power.

In the 2022 amendment debate, the opposition KMT proposed giving the legislature confirmation power over the Premier. In the 2024 election, both KMT and Taiwan People’s Party (TPP) candidates backed transitioning to a parliamentary system.

The spectrum of constitutional reform opinions in Taiwan

Abolishing the Control Yuan and Examination Yuan is another hot issue. Critics argue their functions could be absorbed by the executive and legislature.

However, a 2024 TVBS poll showed more than half of respondents opposed abolishing either body. These institutions remain symbolic of Sun Yat-sen’s five-power philosophy, a core KMT legacy.

In June 2025, lawmakers from the KMT and TPP proposed a constitutional amendment to abolish the Control Yuan. The proposal passed its first reading after receiving 32 signatures.

Still, even with support in the legislature, the real challenge lies in clearing the referendum hurdle.

Taiwan’s Constitution has guided its journey from authoritarian rule to democracy. But without reforming the amendment process itself, further progress may remain out of reach.

The failed 2022 vote and ongoing debates over government structure show that the public is still deeply engaged. But unless the system changes, constitutional reform in Taiwan may stay frozen — even as public will moves forward.