Constitutional ruling affirms gov't branches on equal footing: Control Yuan

Taipei, Oct. 25 (CNA) The Constitutional Court's judgement on Friday that declared unconstitutional several law amendments passed in May by the Legislature, reaffirmed the equal and independent power of the five government branches in the Republic of China Constitution, the Control Yuan said in a statement later that day.

The Constitutional Court Judgment 113-Hsien-Pan-9 (2024) deemed a raft of law amendments regarding the expansion of lawmaker's oversight powers to be mostly unconstitutional, especially the part that broadened the Legislature's investigative power, which the Control Yuan considered to encroach on its work as the top government watchdog.

The Control Yuan said Friday's judgement followed several constitutional interpretations and reiterated the principle of separation of powers, and that any changes to the five branches of government require constitutional amendments.

The five branches are on an equal footing, and should respect each other's role and function, the Control Yuan said, noting its role in the Constitution to process petitions from the people, to ensure government and civil servants adhere the laws in their work, and protect human rights.

However, the Constitutional Court also asserted that the idea of the Legislature setting up committees to conduct investigations is not entirely unconstitutional, but the scope of legislative investigations is limited to matters "significantly related to specific proposals" that fall within their powers as endowed by the Constitution, the court said.

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.

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."

The Control Yuan brought the case to the Constitutional Court, along with the Executive Yuan, President Lai Ching-te (賴清德) and the Democratic Progressive Party legislative caucus, after Lai signed on June 24 the amendments pushed through by the opposition Kuomintang and Taiwan People's Party. The amended laws took effect on June 26.