Premier Chang Chun-hsiung (張俊雄) yesterday announced that the Executive Yuan will file for a constitutional interpretation with the Council of Grand Justices tomorrow in order to seek a solution to the legal disputes surrounding the government's decision to scrap the controversial Fourth Nuclear Power Plant project.
The announcement came one day after the legislature, dominated by the opposition, adopted a non-binding resolution requesting the Control Yuan to impeach Chang for "disdaining the law" and the resulting malfeasance.
Chang defended the government's actions, saying that the government's Oct. 27 decision to stop the project was done within the framework of the Constitution and did not break any laws or regulations.
"The Executive Yuan obtains the legislature's authorization to execute the budget based on policy demands. It is only natural to adjust the budget because of a policy change," Chang said.
Opposition lawmakers from the KMT, People First Party and New Party, however, insist that the DPP government's decision was unconstitutional and illegal.
According to the lawmakers, the administrative branch has no right to discontinue the plant's budget unilaterally -- even if it decides to scrap the plant -- because the legislature passed a budget for the project in 1994 and reconfirmed it in 1996.
The opposition lawmakers have also started a drive to recall President Chen Shui-bian (
In response to the Executive Yuan's plan to file for a constitutional interpretation to clarify the dispute, opposition lawmakers yesterday said the Executive Yuan should have done so before making the controversial decision.
"It is like killing a person and asking `is that all right' after the person is already dead," said KMT caucus whip Her Jyh-huei (
Lai Shyh-bao (
"This development proves that the Executive Yuan is unsure if it is lawful to halt the Fourth Nuclear Power Plant project," Lai said.
DPP lawmakers, meanwhile, are also ready to file for a constitutional interpretation to try to resolve the recall crisis facing the president.
DPP legislators led by Yu Jan-daw (余政道) yesterday argued that the president and vice president should be protected from recall during their first year in office -- the same protection currently enjoyed by other elected officials.
"As the president is also elected by popular vote, he certainly enjoys the capacity and status of elected officials," Yu said.
The Public Officials Election and Recall Law (公職人員選舉罷免法), which offers the the one-year grace period, is applicable only to legislators, local government heads and local people's representatives.
Such protection, however, is unavailable in the Presidential and Vice Presidential Election and Recall Law (
Yu's proposal for a constitutional interpretation has won 72 endorsement signatures and needs only two more before it can be submitted officially to the Council of Grand Justices.
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