Most legislative investigative power measures ruled unconstitutional (update)

Taipei, Oct. 25 (CNA) The Constitutional Court has ruled that most of the amendments passed by the Legislature related to legislative oversight of the executive branch of government are "unconstitutional," including those that gave legislators broader investigative powers.

The ruling dealt a blow to opposition Kuomintang (KMT) and Taiwan People's Party (TPP) lawmakers, who used their combined majority in the Legislature to push through the amendments to the Law Governing the Legislative Yuan's Power and the Criminal Code on May 28.

On Friday, the Constitutional Court deemed unconstitutional revisions that permit investigative committees in the Legislature to request information and material from officials, military personnel and representatives of public or private entities.

However, the court did not completely reject the idea of the Legislature setting up committees to conduct investigations, but rather said they should only look into matters "significantly related to specific proposals" that fall within their powers as endowed by the Constitution.

At a news conference following the ruling, Yang Hao-ching (楊皓清), the court's director-general, said such matters must be connected to bills or proposals under consideration at the Legislature.

For example, he continued, if lawmakers wish to find out whether there was any impropriety in the government's procurement of vaccines, they should be able to specify how such a probe concerns specific bills or budget proposals "currently being deliberated at the Legislature."

Yang went on to say that for the Legislature to establish an investigative committee to look into such issues, it would require a motion on the legislative floor.

The Legislature typically passes a motion through a majority vote of all sitting lawmakers.

According to the director-general, such restrictions are intended to prevent the Legislature from exercising its investigative powers in a way that is "without boundaries."

He acknowledged, however, that it remains unclear what constitutes being "significantly related" and therefore warrants a legislative investigation, noting that it is up to the Legislature to clarify this through future practices.

Yang added that Friday's ruling, effective immediately upon its issuance, recognizes the lawmaking body's investigative powers but considers such power to be "subsidiary."

In addition, while the court deemed as constitutional revisions stipulating the Legislature can hold hearings and invite officials and individuals to testify, as part of its investigations, it revoked a clause providing for penalties for acts of noncompliance, including absence and refusal to provide information.

The court considers that only those who refuse to attend hearings without "legitimate reasons" can be subject to fines, Yang said.

On Friday, the court also ruled against measures obliging the president to give a state of the nation address on the legislative floor and then take questions from lawmakers, saying such arrangements should be decided through negotiations between the president and the legislative body.

The case was brought by the Democratic Progressive Party (DPP) legislative caucus, President Lai Ching-te (賴清德), the Executive Yuan, and the Control Yuan nearly four months ago in a bid to reject the amendments that were signed by President Lai on June 24 and became law on June 26.