Sun, Sep 15, 2013 - Page 8 News List

Ma’s actions are an abuse of power

By Lin Cho-shui 林濁水

However, the judiciary’s image was already tainted by the Formosa Telecom case, and was further sullied when the SID pursued the prosecutor who decided not to appeal Ker’s verdict. With this attempt to frame Wang, Ma has not only failed to uphold justice, he has also insisted that Wang cannot receive a not guity verdict, and if it does, it will need to be appealed, obliging both Tseng and Wang to step down. The judiciary has been made redundant with all the political maneuvering.

Now that Wang has appealed the accusations, perhaps Ma’s scheming will come back to bite him.

The second way Ma has sought to oust Wang as legislative speaker is to deprive him of his position as KMT legislator-at-large — invalidating his speakership — by revoking his party membership. This may seem ingenious, but Wang was nominated as a legislator by the KMT — he was elected as legislative speaker. This being the case, the legitimacy of the president forcing him to resign from that role is questionable to say the least.

The same procedure applies to the president’s nomination list of Control Yuan members. After these members are ratified by the legislature, the president has no power whatsoever to dismiss them.

Ma could do what he did with one of his former Judicial Yuan presidents and try to force grand justices to step down; however, that would be malicious, unconstitutional, quite possibly illegal, and contrary to the doctrine of the separation of administrative and judiciary powers.

Ma really is a piece of work. After forcing Judicial Yuan president Lai In-jaw (賴英照) out of office in 2010, he has now attempted to do the same with Wang.

The KMT’s brutal infighting has seen Ma try to get rid of the legislative speaker, causing an unprecedented constitutional crisis. Now that the CEDC has decided to revoke Wang’s party membership, Ma’s already low approval ratings are destined to sink even lower.

Lin Cho-shui is a former Democratic Progressive Party legislator.

Translated by Drew Cameron

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