The Taiwan Constitutional Court’s Evolving Engagement with International Law

Abstract Despite Taiwan’s exclusion from many treaty regimes, Taiwan’s Constitutional Court (TCC) has at times cited international law, particularly international human rights norms. To analyse the authority and influence of these citations, this article proposes a typology along two dimensions: legal effect (whether the Court treats international norms as legally binding or merely advisory) and impact level (whether international norms are used to reaffirm or alter existing constitutional jurisprudence, or to guide future developments). Applying this framework reveals that the TCC’s traditional tendency to treat international norms as non-binding and reaffirming is evolving. In recent years, the TCC has increasingly invoked international law to articulate new rights protections and has begun to recognise its legal authority, suggesting a deeper engagement. Beyond the case study of Taiwan, this typology offers an analytical tool for distinguishing varying degrees of judicial engagement with international law and for underscoring the evolving nature of such engagement.