The Council of Grand Justices yesterday delivered not only an interpretation on the Constitution regarding the Executive Yuan's decision to scrap the Fourth Nuclear Power Plant (
In wake of the decision it appeared unlikely that the plant would remain cancelled for long.
PHOTO: AP
The debate over the decision nearly triggered a recall vote against the president and threw both politics as well as the stock index into a tailspin.
Instead of judging the decision unconstitutional, the Council of Grand Justices urged the Cabinet to deliver a report on its cancellation to the legislature.
"The legislature should make the final decision on the issue," Yang Ren-shou (
But the council stopped short of saying the Cabinet move had violated the Constitution.
"Under our Constitution, the Cabinet has to report to the legislature on proposed changes of major policies ... and the nuclear power project is considered a major policy," said Yang.
Yang pointed out that because the decision to scrap the project was a "major" reversal of policy, the council had decided that the Cabinet was obligated to report its decision first to the legislature and gain its approval before carrying out the changed policy.
The council pointed out that the Cabinet has not yet acted to give such a report was itself a procedural flaw and noted the Cabinet should remedy the situation as soon as possible following the council's ruling, Yang said.
The council's report also blamed the legislature, namely opposition lawmakers, for preventing Premier Chang Chun-hsiung (
The council said that under the Constitution the legislature shares the power to form and shape national policies with the Cabinet through reviewing the budget and supervising its implementation. The council also noted not only does the legislature have the power but it also has "obligations" to do so.
Therefore, the council determined the lawmakers' boycott of the premier was not correct procedure because the legislature is in fact obligated to listen to an Executive Yuan report.
It is unlikely, however, that the project could gain approval from opposition parties in the legislature. After hearing the decision, Legislative Yuan Speaker Wang Jin-pyng (
The government, however, said that since the council did not say its decision was unconstitutional it would take the council's advice and first deliver a report to the legislature.
Vice-Premier Lai In-jaw (賴英照) said the ruling would "help stabilize society and the political situation."
"The Executive Yuan respects and accepts the decision with pleasure," Lai said.
Aside from making clear the distribution of powers between both sides, the council also took a further step by suggesting possible resolutions to the current deadlock between the Cabinet and the Legislature.
If the Executive Yuan's decision is later endorsed by the legislature, it follows that the nuclear power plant project can be scrapped. If not, however, the Executive Yuan will either continue implementation of the project or have to negotiate with the opposition parties to seek a resolution.
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