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DPP lauds legislative reforms ruling; KMT mourns 'death of judicial independence'

10/25/2024 11:13 PM
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CNA photo Oct. 25, 2024
CNA photo Oct. 25, 2024

Taipei, Oct. 25 (CNA) The ruling Democratic Progressive Party (DPP) on Friday praised the latest decision from the Constitutional Court which ruled most of the amendments passed by the Legislative Yuan in May concerning legislative oversight of the executive branch of government unconstitutional.

However, the Kuomintang (KMT), the largest opposition party in Taiwan, expressed anger over the ruling which the KMT criticized as siding with the DPP government and lamented "the death of judicial independence."

Ruling party lawmakers lauded the latest ruling by the Constitutional Court Friday, with DPP legislative caucus secretary-general Wu Szu-yao (吳思瑤) saying at a news conference held later in the day that she had faith justice had won after the court decision.

Wu added there is now no need for the public to fear their rights will be hurt by the unconstitutional amendments to the Law Governing the Legislative Yuan's Power and the Criminal Code the court criticized for giving lawmakers broader investigative powers.

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

However, the court did not say the Legislature cannot set up committees to conduct investigations, merely that legislators can only look into matters "significantly related to specific proposals" that fall within their powers as endowed by the Constitution.

Measures allowing the Legislature to impose penalties on individuals who refuse to hand over information or attend hearings, or those who give false testimony, were also overturned by the ruling, effective immediately upon its issuance.

In addition, 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.

DPP lawmaker Wu Szu-yao (left) and caucus whip Ker Chien-ming at the press conference in Taipei Friday. CNA photo Oct. 25, 2024
DPP lawmaker Wu Szu-yao (left) and caucus whip Ker Chien-ming at the press conference in Taipei Friday. CNA photo Oct. 25, 2024

The case was brought by the DPP's 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 went into effect on June 26.

"TSMC (contract chipmaker Taiwan Semiconductor Manufacturing Co.) has no reason to fear and the public has no reason to fear as the Legislature will not be able to use inappropriate powers to infringe on their rights," Wu said.

Wu called Friday a "Restoration Day" for the Constitution, calling the passage of the amendments at the end of May to give broader investigative powers to lawmakers by the democratically elected Legislature a disgrace to democracy in Taiwan that tarnished constitutional government.

Although the amendments went into effect in June, the Constitutional Court granted an injunction halting their enforcement in July and heard arguments on a case in August, paving the path for Friday's ruling.

Wu said the executive and legislative branches are equal and there is no reason to hold government officials in contempt of the Legislature if they refuse to answer questions from lawmakers or give false testimony in a hearing or even refuse to attend a hearing.

Echoing Wu, caucus whip Ker Chien-ming (柯建銘) said Friday's ruling was the most important decision made by the Constitutional Court in Taiwan's history, and the DPP will start efforts to amend the Law Governing the Legislative Yuan's Power by taking into account the latest ruling.

Opposing the ruling from the Constitutional Court, KMT Legislator Lin Szu-ming (林思銘) told reporters that grand justices from the Judicial Yuan should have safeguarded the Constitution but instead protected the DPP government by diminishing legislative powers and pulling the teeth of the elected Legislative Yuan, which runs counter to public opinions.

Lin said the decision is one of most shameful rulings in the history of the Constitution and the KMT caucus expressed its dissatisfaction with the ruling, adding that the party plans to continue its efforts to push for legislative reforms.

KMT Legislator Weng Hsiao-ling (翁曉玲) said the justices failed to allow the country's democracy to march ahead for the better, choosing instead to belittle the Legislature elected by the people of Taiwan and side with the executive branch.

TPP lawmaker Huang Kuo-chang (second left) at a press conference held for the Constitutional Court's ruling in Taipei Friday. CNA photo Oct. 25, 2024
TPP lawmaker Huang Kuo-chang (second left) at a press conference held for the Constitutional Court's ruling in Taipei Friday. CNA photo Oct. 25, 2024

Opposition Taiwan People's Party (TPP) Legislator Huang Kuo-chang (黃國昌) said the ruling will eliminate the investigative powers of the Legislature and characterized the decision as a "unique constitutional opinion" in the world that chooses to pamper officials from the executive branch.

Ker expressed regret over the attacks made on the justices of the Judicial Yuan from the KMT and the TPP, which jointly passed the amendments in May.

He urged the opposition parties to stop any political maneuvers after the court ruling and stand with the Constitution.

The case was presided over by 15 sitting justices, all of whom were nominated by former President Tsai Ing-wen (蔡英文) and approved by the DPP-majority Legislature at that time.

(By Lin Ching-yin, Wang Yang-yu, Fan Cheng-hsiang, Kuo Chien-sheng, Teng Pei-ju and Frances Huang)

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