終審法院員額之規範指引與最適規模──考量行為科學觀點的憲法分析

Judicial reform is a major platform of President Tsai’s 2016 campaign. She established Judicial Reform Council after her election. The council concluded a significant downsize of Taiwanese Supreme Court(s) system (judges and chambers alike) to resolve conflicting decisions between chambers within the current Supreme Court(s). Such downsize should be limited by, first, constitutionality, and second, its policy implication on the judiciary as well as people’s right to legal remedy, although the Legislative Yuan (Parliament) enjoys a wide range of discretion in principle. To propose policy suggestion that balances people’s legal remedy right and the need of resolving conflicting legal decisions, this article makes reference to American experience for its abundant normative analysis as well as behavioral research.