Referendums rejecting Constitutional Court rulings 'unprecedented': DPP

Taipei, Dec. 23 (CNA) The Democratic Progressive Party (DPP) legislative caucus said on Tuesday that there is "no precedent" in democratic countries for using referendums to overturn or reject Constitutional Court rulings.

The ruling party group of lawmakers made the comments in response to a proposal announced on Monday by the main opposition Kuomintang (KMT) legislative caucus to amend Taiwan's Referendum Act so that Constitutional Court rulings are subject to national referendums.

According to the KMT legislative caucus, the proposed amendments would apply to Constitutional Court rulings other than impeachment cases involving the president or vice president.

The KMT caucus said the proposal stipulates that laws, autonomous regulations or Constitutional Court rulings made invalid by referendum would become invalid starting three days after the result is approved and announced.

It said the amendments also provide that laws previously declared unconstitutional would regain effect.

The caucus added the proposal further requires that for referendums on major policies, the president or the competent authority must implement the approved referendum content within three months.

The amendments would also bar administrative agencies from changing major policies created or reconsidered through referendums within three years, the KMT said.

On Tuesday, the DPP legislative caucus said that among democracies that implement direct democracy, constitutional court decisions have never been negated or overturned through a public vote.

DPP legislative caucus leader Chung Chia-pin (鍾佳濱) said the Constitutional Court is legally responsible for reviewing legal norms, resolving constitutional disputes between institutions and handling presidential impeachment cases.

Chung said placing direct democracy above separation of powers and the supremacy of the Constitution would "clearly be a major error."