Former president Lee Teng-hui (李登輝) — who once endured the hardship of living under an authoritarian political system and arduously led a quiet revolution — once said: “Democratic issues must be solved with democratic means.” Today, as Taiwanese are faced with the malicious subversion of our country’s democratic constitutional order, we must not panic. Rather, we should start by taking democratic action to rescue the Constitutional Court.
As Chinese Nationalist Party (KMT) caucus whip Fu Kun-chi (傅?萁) leads the KMT and the Taiwan People’s Party (TPP) in strangling Taiwan’s judiciary and depriving individuals of the right to recall and development, Taiwanese are filled with anxiety. In response, various countermeasures have been proposed — the Executive Yuan could refuse to countersign, President William Lai (賴清德) could refuse to promulgate the law, a constitutional interpretation could be conducted but not a review, Lai could personally step in to negotiate internal disputes or a mass recall movement could be initiated.
Lai declared at the first opportunity that, to uphold the constitutional order, he would use democratic means to address recent legislative actions that deviate from democratic principles. Therefore, tactics like refusing to countersign and refusing to promulgate or review the law contravene the constitutional order and are unacceptable.
So, what democratic means would safeguard Taiwan’s democratic constitutional order?
On Tuesday, as if acting as a Chinese Communist Party (CCP) agent, Fu led KMT and TPP legislators in blocking all seven of Lai’s judicial nominees. Under their malicious reforms, the Constitutional Court would be left in a dysfunctional state. This not only revealed their intent to strangle the very core of Taiwan’s democratic constitutional order, but — even more frighteningly — resembled a legal “democratic coup.”
As Taiwanese face this “democratic coup,” we must abide by the democratic constitutional order to strengthen our democratic immunity.
We must support the DPP’s legislative caucus and the Judicial Yuan — the opposing party in the disputes caused by the KMT and TPP’s malicious amendments to the Constitutional Court Procedure Act (憲法訴訟法). In accordance with the rights protected under the constitution — separation of powers and judicial independence — both should immediately file suits for a constitutional review and temporary relief.
As Fu and other KMT and TPP members’ self-serving legislation contravenes the principles of democratic electoral agreements and the people’s right to recall, the Executive Yuan should respond with proper constitutional procedures. After Lai promulgates the law, it should file for reconsideration, a constitutional review and temporary relief.
With regard to the Act Governing the Allocation of Government Revenues and Expenditures (財政收支劃分法), Fu and other KMT and TPP members are fabricating fiscal disputes between the central and local governments to destabilize Taiwan’s governance and create political division. This would lead to the disproportionate allocation of resources to city and county governments.
To handle this crisis — and before launching a mass recall movement — Taiwanese must unite and combine our efforts to save the Constitutional Court. This is the foundation for safeguarding Taiwan’s democratic constitutional order.
Chen Tsai-neng is a doctoral candidate at National Chung Hsing University’s Graduate Institute of International Politics.
Translated by Kyra Gustavsen
Source: Taipei Times - Editorials 2024/12/28
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