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Injunction against Legislature's investigative power measures granted

07/19/2024 05:54 PM
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CNA photo July 10, 2024
CNA photo July 10, 2024

Taipei, July 19 (CNA) Taiwan's Constitutional Court on Friday issued an injunction halting the enforcement of controversial amendments passed at the end of May by opposition lawmakers that gave the Legislature expanded investigative powers.

The Constitutional Court held a preparatory hearing on July 10 for injunction applications, and on Friday granted an injunction, which requires the approval of more than half of the court's 15 justices.

Thirteen justices fully supported the ruling while two justices had differences of opinion on blocking implementation of a few of the revisions.

The revisions to the Law Governing the Legislative Yuan's Power, which the opposition parties said were aimed at strengthening the Legislative Yuan's power to oversee the executive branch's power, were passed on May 28, signed into law on June 24, and took effect on June 26.

(Click here to read an updated story)

The ruling Democratic Progressive Party (DPP) caucus, the Cabinet, President Lai Ching-te (賴清德), and the Control Yuan then separately sought an injunction halting the revisions' implementation on the grounds that they might be unconstitutional.

Those parties also petitioned the Constitutional Court to rule on the constitutionality of the amendments, and Friday's ruling suggests that some of them will eventually be found to have violated the Constitution.

The injunction covers most of the amendments passed, including Article 15-4 that requires the president to respond to lawmakers' questions after delivering a state of the nation address to the Legislature and Article 25 that prohibits officials from "reverse questioning."

Also covered by the injunction were amendments strengthening the Legislature's investigative powers that allow an investigative committee to request the presence of and information from military and private entities as well as adding a new offense -- "Contempt of the Legislature" -- to the Criminal Code.

According to the Constitutional Court Procedure Act, an injunction may be granted "as a last resort" to "prevent the basic rights protected under the Constitution and public interest from being irreparably and materially impaired."

(By Lin Chang-hsun and Alison Hsiao) enditem/ls

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June 21: Legislature votes down Cabinet's reconsideration request

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May 28

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