Should 18-year-old voting rights be achieved via constitutional or legal amendment? Scholars divided at Legislative Yuan hearing
A legislative hearing debated how to lower the voting age to 18 in Taiwan. Scholars disagreed on whether a constitutional amendment is required or if amending the election law suffices, with some proposing a constitutional interpretation as a way forward.
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- 📰 Published: April 22, 2026 at 17:27
- 🔍 Collected: April 22, 2026 at 18:02 (34 min after Published)
- 🤖 AI Analyzed: April 23, 2026 at 15:36 (21h 34m after Collected)
Central News Agency
(CNA Reporter Chen Chun-hua, Taipei, 22nd) The Internal Administration Committee of the Legislative Yuan held a public hearing today on "Amending the Law for 18-Year-Old Citizen Rights." Scholars believe that lowering the voting age through legal amendments is highly likely to be unconstitutional and should be done via a constitutional amendment; other scholars suggest that a more feasible method is through a "constitutional interpretation" by the Grand Justices, providing a possible way out.
Article 130 of the Constitution of the Republic of China states that any citizen of the Republic of China who has attained the age of 20 shall have the right to vote in accordance with the law, and unless otherwise provided by the Constitution and laws, any citizen who has attained the age of 23 shall have the right to be elected. Legislators from both ruling and opposition parties have proposed amending the Civil Servants Election And Recall Act to lower the voting age from 20 to 18.
He Wei-tzu, an advisor and lawyer at the Taiwan Youth Association for Democracy, stated that whether the 18-year-old civil right can be achieved merely by amending the election law without amending the constitution hinges on the interpretation of Article 130. Currently, there is a "restriction theory" arguing one must be 20 to vote; however, if one adopts the "guarantee theory"—viewing the Constitution as a baseline guarantee of people's rights—lowering the voting age would be a freedom formed by legislation.
Yao Meng-chang, Assistant Professor at the Fu Jen Catholic University School of Law, said Taiwan's voting age of 20 is out of touch with modern trends. It was set by a constitution drafted 80 years ago considering the concept of "adulthood." Since the civil law age of majority has now been lowered to 18, it is necessary to adjust the voting age accordingly. However, regarding whether lowering the voting age through legal amendment is unconstitutional, he stated, "I think it is highly likely," and the 18-year-old voting right should proceed via constitutional amendment.
Hu Po-yen, Professor of Law at Soochow University, stated that if amending the election law could solve the problem, why did legislators propose a constitutional amendment in the previous session, which was rejected in a referendum. He believes it is improper to try solving the same issue with a legal amendment after a failed constitutional amendment, as this would ignore the public opinion of the over 5 million voters who opposed it during the referendum.
Chen Yao-hsiang, Assistant Professor in the Department of Public Administration and Policy at National Taipei University, noted that the 2020 constitutional amendment referendum failed, so dealing with it via legal amendment now raises unconstitutional concerns. The more feasible way for the Legislative Yuan to lower the voting age to 18 is through a "constitutional interpretation" by the Grand Justices, which is a possible way out. He also suggested that the amendment does not necessarily have to specify 20 or 18 years old, but just write "adult."
Deputy Minister of the Interior Wu Tang-an, who attended the hearing, stated that regarding suggestions related to the 18-year-old voting rights, if the Legislative Yuan reaches a consensus on constitutional or legal amendments, the Ministry of the Interior respects it in principle. As for whether the age for the right to be elected should be lowered, this needs to be handled by evaluating the responsibilities of various levels of elected public officials and considering opinions from all sides. (Editor: Su Chih-tsung) 1150422
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(CNA Reporter Chen Chun-hua, Taipei, 22nd) The Internal Administration Committee of the Legislative Yuan held a public hearing today on "Amending the Law for 18-Year-Old Citizen Rights." Scholars believe that lowering the voting age through legal amendments is highly likely to be unconstitutional and should be done via a constitutional amendment; other scholars suggest that a more feasible method is through a "constitutional interpretation" by the Grand Justices, providing a possible way out.
Article 130 of the Constitution of the Republic of China states that any citizen of the Republic of China who has attained the age of 20 shall have the right to vote in accordance with the law, and unless otherwise provided by the Constitution and laws, any citizen who has attained the age of 23 shall have the right to be elected. Legislators from both ruling and opposition parties have proposed amending the Civil Servants Election And Recall Act to lower the voting age from 20 to 18.
He Wei-tzu, an advisor and lawyer at the Taiwan Youth Association for Democracy, stated that whether the 18-year-old civil right can be achieved merely by amending the election law without amending the constitution hinges on the interpretation of Article 130. Currently, there is a "restriction theory" arguing one must be 20 to vote; however, if one adopts the "guarantee theory"—viewing the Constitution as a baseline guarantee of people's rights—lowering the voting age would be a freedom formed by legislation.
Yao Meng-chang, Assistant Professor at the Fu Jen Catholic University School of Law, said Taiwan's voting age of 20 is out of touch with modern trends. It was set by a constitution drafted 80 years ago considering the concept of "adulthood." Since the civil law age of majority has now been lowered to 18, it is necessary to adjust the voting age accordingly. However, regarding whether lowering the voting age through legal amendment is unconstitutional, he stated, "I think it is highly likely," and the 18-year-old voting right should proceed via constitutional amendment.
Hu Po-yen, Professor of Law at Soochow University, stated that if amending the election law could solve the problem, why did legislators propose a constitutional amendment in the previous session, which was rejected in a referendum. He believes it is improper to try solving the same issue with a legal amendment after a failed constitutional amendment, as this would ignore the public opinion of the over 5 million voters who opposed it during the referendum.
Chen Yao-hsiang, Assistant Professor in the Department of Public Administration and Policy at National Taipei University, noted that the 2020 constitutional amendment referendum failed, so dealing with it via legal amendment now raises unconstitutional concerns. The more feasible way for the Legislative Yuan to lower the voting age to 18 is through a "constitutional interpretation" by the Grand Justices, which is a possible way out. He also suggested that the amendment does not necessarily have to specify 20 or 18 years old, but just write "adult."
Deputy Minister of the Interior Wu Tang-an, who attended the hearing, stated that regarding suggestions related to the 18-year-old voting rights, if the Legislative Yuan reaches a consensus on constitutional or legal amendments, the Ministry of the Interior respects it in principle. As for whether the age for the right to be elected should be lowered, this needs to be handled by evaluating the responsibilities of various levels of elected public officials and considering opinions from all sides. (Editor: Su Chih-tsung) 1150422
Choose to stand with facts. Every sponsorship is a force to protect press freedom.
Download the CNA 'First News' APP to grasp the latest news instantly.
The text, images, and audio/video on this website may not be reproduced, publicly broadcast, publicly transmitted, or utilized without authorization.