Taiwan Tati Cultural and Educational Foundation

 
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Taiwan Tati Cultural and Educational Foundation

Protect the Judicial Yuan from the KMT

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.

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Bad laws are a threat to democracy

It is hard to imagine that the Legislative Yuan passed three major bills in one day — amendments to the Public Officials Election and Recall Act (公職人員選舉罷免法), the Constitutional Court Procedure Act (憲法訴訟法) and the Act Governing the Allocation of Government Revenues and Expenditures (財政收支劃分法) — amid chaotic clashes.

The legislative process of these three laws violates the spirit of deliberative democracy. Despite having gone through many changes and compromises, the draft bills were hastily passed without discussion and clause-by-clause examination.

Consequently, the legislative intent and purpose — which would be made clear in the discussion during the legislative process — would never be known, causing difficulties in applying, teaching and interpreting the laws.

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Safeguards against harmful laws

Following the controversial passage of amendments to the Constitutional Court Procedure Act (憲法訴訟法), the Public Officials Election and Recall Act (公職人員選舉罷免法) and the Act Governing the Allocation of Government Revenues and Expenditures (財政收支劃分法) by Chinese Nationalist Party (KMT) and Taiwan People’s Party legislators, it has been said that President William Lai (賴清德) could apply Article 37 of the Constitution and simply not promulgate the amendments, while the premier could refuse to countersign them into law.

Unfortunately, presidential promulgation and the premier’s countersignature are legal duties, which neither has the power to refuse. Such a refusal would only add to the chaos, break with constitutional procedure and bring the nation closer to a constitutional crisis. This stuff is constitutional law and governance 101.

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KMT bringing nation to brink

During the party-state era, the Chinese Nationalist Party (KMT) controlled the media. It would portray the dangwai (黨外, “outside the party”) movement as violent disruptors and emphasize conflict in the legislature, saddling the Democratic Progressive Party (DPP) with the unfair label of the “party of violence” for several decades.

Today, we are seeing images of Chinese Nationalist Party (KMT) Legislator Chen Yu-jen (陳玉珍), sporting a hard hat on her head and shoes with steel-toe caps on her feet charging to the legislative podium in an egregious display of violence. It is not for nothing that she has been called the “Kinmen tank.”

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Newsflash


Illuminated words of encouragement are displayed on the 85 Sky Tower in Kaohsiung’s Lingya District yesterday evening amid a nationwide COVID-19 outbreak.
Photo: Chang Chung-yi, Taipei Times

The Central Epidemic Command Center (CECC) yesterday reported 321 new local COVID-19 infections and two deaths, while an additional 400 cases that had been delayed in reporting have been added to the daily confirmed cases reported from Sunday last week to Friday.