ABSTRACT

One of the major legal issues arising from the Sunflower Movement was the permissibility of "illegal" assemblies within and outside governmental buildings. This chapter discusses the issues surrounding those "illegal assemblies" during the Sunflower Movement on the basis of Taiwan's Constitution, constitutional interpretations, as well as the International Covenant on Civil and Political Rights (ICCPR). It briefly describes the three main "illegal assemblies" that took place during the Sunflower Movement. The chapter analyses the interpretations made by Taiwan's Constitutional Court regarding the protection of free assembly. It discusses the lawsuits – against the protesters and against the government – relating to the "illegal assemblies" of the Sunflower Movement and enquires into whether the ongoing processes of these lawsuits have been influenced by both constitutional and international rights of free assembly. Lawsuits after the Sunflower Movement are divided into two categories: lawsuits brought by the government against the protesters, and lawsuits brought by protesters against the government.