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Home Editorials of Interest Taipei Times Constitutional system under attack

Constitutional system under attack

Even those without legal training know that the constitution is the most fundamental law of a country. Since the start of the legislative session, three legislators from the Chinese Nationalist Party (KMT) and Taiwan People’s Party (TPP) coalition — KMT Legislator Wu Tsung-hsien (吳宗憲), KMT Legislator Weng Hsiao-ling (翁曉玲) and TPP Legislator Huang Kuo-chang (黃國昌) — have prioritized the introduction of several amendments that would expand legislative powers.

The goal of these amendments is to help the opposition manipulate the constitutional system, making it easier to comply with the Chinese Communist Party’s requirements for Taiwan and allow the opposition to smoothly seize administrative resources.

Fortunately, the Cabinet followed the constitutional system and challenged the legislation in the Constitutional Court, allowing the judiciary to make a ruling on these harmful and unconstitutional provisions. The court’s ruling followed the spirit of the Constitution — they determined that most of the amendments were unconstitutional, especially those that would grant lawmakers broader investigative powers because they would lead to a situation where expanded legislative powers would undermine executive authority.

The Cabinet has acted entirely in accordance with the Constitution, yet Weng unexpectedly proposed that the Legislative Yuan need not comply with the court’s ruling. Alarmism like this is detrimental to the constitutional system. Weng and Huang each hold a doctorate in law, while Wu has previously served as a prosecutor. Even with such prestigious legal backgrounds, they are willing to play with the law and ignore the constitutional order merely to obtain political power.

Even though the opposition coalition holds a legislative majority, the results of the presidential election granted executive power to the Democratic Progressive Party. The KMT-TPP coalition hopes to use their majority to prevent President William Lai’s (賴清德) administration from promoting policies beneficial to Taiwan, thereby paralyzing further progress.

However, our constitutional system is not so easily harmed. Legislative powers cannot undermine executive powers, nor can they compromise the Constitution or the nation. Taking that step would inflict irreversible damage from which our country might never recover.

If even our legislators say that we need not comply with the constitutional system, why should the public even bother to follow national law? This ideology would lead to chaos — the true intention of the KMT-TPP coalition.

Chen Chi-nung is a political commentator.

Translated by Kyra Gustavsen


Source: Taipei Times - Editorials 2024/11/09



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Newsflash

The Taiwan Solidarity Union (TSU) yesterday reported the Chinese Nationalist Party (KMT) and KMT Chairman Wu Den-yih (吳敦義) to prosecutors and accused them of forgery and breaching the Referendum Act (公民投票法) after the Central Election Commission on Thursday said that 1 percent of the signatures that the KMT submitted for three referendum proposals belonged to dead people.

Forging signatures for referendum petitions is a crime under Article 211 of the Criminal Code and Article 35 of the Referendum Act, TSU spokesman Yeh Chih-yuan (葉智遠) told a news conference outside the Taipei District Prosecutors’ Office yesterday.