Minister of Justice Chen Ding-nan (陳定南) yesterday tried to persuade the Council of Grand Justices that the March 19 Shooting Truth Investigation Special Committee Statute (三一九槍擊事件真相調查特別委員會條例) is unconstitutional by reading parts of the US Constitution and the Declaration of Independence in English during the debate at the Constitutional Court.
Chen read the second paragraph of the Declaration of Independence: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable. Rights, that among these are Life, Liberty and the pursuit of Happiness -- That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed -- That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."
PHOTO: SUNG CHIH-HSIUNG, TAIPEI TIMES
The minister then told grand justices that the US Constitution was the first constitution of an existing nation. Both the US Constitution and the Declaration of Independence emphasized the importance of human rights and democracy, and these two items are also priorities for democratic countries to maintain and defend, he said. However, the statute is against this idea, Chen said.
"My main argument is that `the government is by the people,'" Chen said. "But the statute is obviously against the idea."
Yesterday's debate focused on the arguments by representatives of several government offices, including the Legislative Yuan, the Control Yuan, the Ministry of Justice and the Ministry of the Interior, and representatives acting on behalf of the applicants -- 93 Democratic Progressive Party (DPP) and Taiwan Solidarity Union (TSU) lawmakers -- of the application of an interpretation article to the Constitution.
There will be another debate for the defendants, the committee members, tomorrow.
In addition to sharing Chen Ding-nan's views, the representatives said they were concerned that the committee's investigation of the March 19 assassination attempt on the president and vice president might jeopardize or even sacrifice the legal rights of their agencies, which are protected by the Constitution.
"It is our job to investigate any `administrative-related' cases, including the assassination attempt," Control Yuan Vice Secretary-General Chen Chi-hsiung (陳吉雄) said. "We will continue to do our job. The existence of the statute makes no difference to us. Nobody is allowed to take away our legal rights, which are protected by the Constitution -- including the committee."
Meanwhile, nearly 100 reporters, law students, lawyers and others came to the Judicial Yuan, where the debate was held, yesterday morning. The Judicial Yuan opened a second room to fit those who were not admitted to the Constitutional Court, where the debate was carried out. Court clerks prepared a large-scale screen to broadcast live footage from the courtroom.
Lawyer Wang Ching-fong (王清峰), the committee's spokeswoman, was among the audience members sitting with reporters, although she did not join the debate.
In related news, the Executive Yuan yesterday refused to allocate NT$5.93 million requested by the March 19 committee, questioning the legality of the committee.
"We won't cooperate until the Council of Grand Justices rules on the constitutionality of the special bill that established the committee," Cabinet Spokesman Chen Chi-mai (陳其邁) told a press conference yesterday afternoon.
The committee has requested the Executive Yuan to apportion NT$5.93 million to cover its operating expenses between Oct. 4 and Dec. 31 this year. The March 19 Shooting Truth Investigation Special Committee Statute stipulates that the Executive Yuan must shoulder the operation expenditures of the committee.
Additional reporting by Ko Shu-ling
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