Injunction granted against Legislature's investigative power measures (update)

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 amendments to the Law Governing the Legislative Yuan's Power, which the opposition parties said were aimed at strengthening the lawmaking body'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.

The ruling Democratic Progressive Party 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.

The court questioned an investigative committee's right to call people to testify because it may go beyond the rights accorded legislative committees in Article 67 of the Constitution to "invite government officials and private persons ... to be present at their meetings to answer questions."

The revision risked forcing people to appear before committees, express opinions and provide documents against their will, the court said.

On the issue of revisions to the Legislature's power to exercise investigation powers as revised in articles 45, 46, 47 and 48 of the law, the court said they may infringe on separation of power principles and lead to disputes over institutional authority and checks and balances.

It also said the investigative powers the revisions give the Legislature, such as requesting information or accessing documents, are not clearly stipulated in the Constitution.

In issuing the injunction, the court ruled that Article 25 (on legislative questioning) and articles 45 and 47 (on the legislature's power to have access to files) of the law on the Legislature's power as written before being amended would take effect until the constitutionality of the revisions was determined.

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."

The Presidential Office said later Friday that it respected the decision made by the court on the injunction.

Disagreeing with the injunction ruling, the opposition Kuomintang caucus described it as "the death of judicial independence," and said it did not believe that the justices who issued the injunction would be able to rule impartially on the amendments' constitutionality.

Huang Kuo-chang (黃國昌) of the opposition Taiwan People's Party said that as a law professional himself, he respected the ruling of the court, but believed that the Constitutional Court will have to face the "examination of public opinion and the historical judgment of democracy."

Related News

July 10: Constitutional Court weighs injunction on oversight law amendments

June 27: Cabinet formally seeks court injunction, ruling on oversight laws

June 26: DPP caucus formally requests injunction, ruling on oversight laws

June 24: KMT, TPP slam Lai over plan to seek constitutional ruling on reform bills

June 21: Legislature votes down Cabinet's reconsideration request

June 12: Parties to campaign across Taiwan ahead of legislative oversight bills vote

June 11: President approves request for Legislature to reconsider bills

May 28

● Amendment criminalizing contempt of Legislature passes into law

● Third reading of major part of 'legislative reform' bills passed

● Taiwan lawmakers have passed contentious reform bills. Now what?