Agenda Setting in the Taiwan Constitutional Court

Abstract The agenda-setting power of apex courts is important to their survival and success. Nevertheless, most of the literature on this topic has approached it from the perspective of the courts’ public output, not the courts’ private motivations. In this article, I explore how justices serving on the Taiwan Constitutional Court (TCC) exercise their agenda-setting power behind closed doors. Using the declassified minutes of TCC decisions, I show that justices manage their docket according not only to explicit procedural requirements, but also to myriad political, prudential, remedial and collegial factors. By manipulating the TCC’s agenda, justices have expanded its judicial power and judicial legitimacy while avoiding political confrontation. These manipulations, however, have spawned a number of concerns, particularly with respect to rights bearers, judicial deceit and judicial overreach.

Authors

Publication Details

Journal
Oxford Journal of Legal Studies
Published
2026-01-20
DOI
https://doi.org/10.1093/ojls/gqag004
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Agenda Setting in the Taiwan Constitutional Court

Chien-Chih Lin
Oxford Journal of Legal Studies
Judicial and Constitutional Studies
article

Agenda Setting in the Taiwan Constitutional Court

Chien-Chih Lin
article en

Abstract

Abstract The agenda-setting power of apex courts is important to their survival and success. Nevertheless, most of the literature on this topic has approached it from the perspective of the courts’ public output, not the courts’ private motivations. In this article, I explore how justices serving on the Taiwan Constitutional Court (TCC) exercise their agenda-setting power behind closed doors. Using the declassified minutes of TCC decisions, I show that justices manage their docket according not only to explicit procedural requirements, but also to myriad political, prudential, remedial and collegial factors. By manipulating the TCC’s agenda, justices have expanded its judicial power and judicial legitimacy while avoiding political confrontation. These manipulations, however, have spawned a number of concerns, particularly with respect to rights bearers, judicial deceit and judicial overreach.

Oxford Journal of Legal Studies
Peace, Justice and strong institutions
Openalex Percentile: Top 70%
Judicial and Constitutional Studies
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