Lai to seek ruling on whether passed amendments are constitutional

Taipei, June 24 (CNA) President Lai Ching-te (賴清德) said that although he signed recent controversial amendments that will strengthen the Legislature's power into law on Monday, he will soon seek a ruling from the Constitutional Court.

Lai said he supports legislative reforms, but not the unconstitutional expansion of legislative power. "Reforming the Legislature must comply with the law and the Constitution," he underlined.

The Legislative Yuan's investigative powers must not infringe upon judicial power and the power of the Control Yuan, "let alone infringe upon people's basic rights such as privacy, business secrets, and the freedom from compelled speech," he said.

The president said he would therefore seek a ruling from the Constitutional Court to safeguard constitutional order and uphold people's basic rights.

Lai added that he would also apply for "a preliminary injunction ruling" by the court to stop the amended laws from being implemented before the court's ruling is made.

Regarding the president being "obligated" by the amendments to deliver an annual state of the nation address to the Legislature and respond to lawmakers' questions there and then, Lai said it was an "attempt to change the constitutional design of responsible government."

Currently, the constitutional order deems that the president is not accountable to the Legislative Yuan and is therefore not required to deliver an address to the Legislature. However, the president may choose to do so voluntarily.

Lai pointed out that the amendments also conflate the Executive Yuan delivering policy reports -- as they are accountable to the Legislative Yuan according to the constitutional order -- with the president's address to the Legislature.

The Constitution and the existing law governing legislative power already have a mechanism for the Legislative Yuan to "listen to" the president's state address. "But I have said before I am willing to deliver it in the Legislature under an arrangement in compliance with the Constitution," Lai said.

The president said he would therefore deliver the address to the Legislature only after a ruling to do so by the Constitutional Court was made.

Lai called on the opposition parties not to make "rash decisions" before the ruling.

In response to the opposition's claims that Constitutional Court grand justices were appointed by the ruling Democratic Progressive Party's administration and so are likely to rule in favor of the current government, Lai said they were appointed by different administrations and have made a range of rulings.

"They have made the rulings to safeguard Taiwan's democratic constitutional order and to move the country forward. I believe they will do so this time as well," the president stressed.

The Legislative Yuan last Friday voted down the Cabinet's request for it to reconsider the recently passed amendments to the Law Governing the Legislative Yuan's Power and the Criminal Code.

Both the Cabinet and the ruling Democratic Progressive Party have stated they will seek rulings from the Constitutional Court.

Lawyer Hong Wei-sheng (洪偉勝) explained that as the amendments involve newly instituted legislative powers regarding questioning public officials, undertaking investigations, and holding hearings, the president will not be the only one to seek a Constitutional Court ruling.

"We will call on the Constitutional Court to review the cases together if there are petitions from other agencies," Hung said.

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