Constitutional Remedies: Constitutionally Conforming Interpretation in Taiwan

Courts around the world have developed a wealth of interpretive methods that are supposed to reconcile the tension between faithful readings of the law and legitimate interpretive discretion. One of these interpretive methods is constitutionally conforming interpretation (CCI), which requires judges to select the interpretation that is most harmonious with the constitution when there are multiple reasonable interpretations available.
Tasked with interpreting the constitution, the Taiwan Constitutional Court (TCC) has regularly used CCI. The method has enabled the TCC to navigate through some intense political storms and avoid a head-on clash with the political branches of government. CCI, nevertheless, has attracted some criticism from both practitioners and academia.