notwithstanding the court’s decision, this constitutional crisis was not brought to an
end until after the KMT had resumed political power in the presidential election of
2008 , thus ending the state of a divided government.
Procedural solution
In some cases, the court has resolved disputes by providing procedural – rather than
substantive – solutions. In J.Y. Interpretation No 627 , the court handled a dispute
concerning the criminal investigation of the president. In 2007 , President Chen
petitioned the Constitutional Court for immunity from criminal investigations
involving the embezzlement of state-secret funds by the first lady, Ms. Wu Shu-
Chen. The first lady was suspected of embezzlement regarding a special presiden-
tial fund that provided for the president’s undisclosed activities in connection with
national security and diplomacy. Despite President Chen’s protest, the trial began,
and the prosecutors requested that the president and his secretary-general both
release further information concerning the use of the special fund. In response,
the Constitutional Court allowed for a very limited criminal investigation of the
president as long as presidential functions were not undermined.
22
Notably,
the decision was issued without separate opinions, a practice that had not
happened for quite some time. Moreover, the court seemed aware of the signifi-
cance of handing down this ruling unanimously.
23
In disputes between national and local governments, the court has directed the
parties to resolve disputes through available procedures. J.Y. Interpretation No 550 ,
a typical example, was concerned with the allocation of financial costs between
national and local governments relating to the national health insurance program.
In response to the complaint made by the national government, the court issued
J.Y. Interpretation No 550 , proclaiming that both the national and local govern-
ments bear constitutional duties in supporting the national health insurance
program, and that the national government could demand that local governments
share the financial costs. Interestingly, however, the decision fell short of specifying
any particular proportion or formula for sharing financial burdens between the
national and local governments. Instead, the decision directed the national govern-
ment to negotiate with local governments and provide them with sufficient oppor-
tunities to participate in the course of further policy formulation.^24
The other example was J.Y. Interpretation No 553 .In 2002 , the elections for city
and county mayors and representatives were scheduled on the same day nation-
wide. However, the Taipei municipal government decided to postpone the election
(^22) J.Y. Interpretation No 627 ( 2007 ), available atwww.judicial.gov.tw/constitutionalcourt/
EN/p 03 01 .asp?expno= 627.
(^23) Chang, “Strategic judicial response,” 888.
(^24) J.Y. Interpretation No 550 ( 2002 ), available atwww.judicial.gov.tw/constitutionalcourt/EN/
p 03 01 .asp?expno= 550.