Legal experts yesterday said that the Constitution bars former grand justice Hsu Tzong-li (許宗力) from heading the Judicial Yuan, following reports that President Tsai Ing-wen (蔡英文) was considering nominating him for the position.
National Taiwan University professor of law Chen Chih-lung (陳志龍) said that Hsu served as a grand justice from 2003 to 2011 — a mandated eight-year term — and an amendment to the Constitution prohibits an additional term.
In the Additional Articles of the Constitution, Article 5 says: “Each grand justice of the Judicial Yuan shall serve a term of eight years, independent of the order of appointment to office, and shall not serve consecutive terms. The grand justices serving as president and vice president of the Judicial Yuan shall not enjoy the guarantee of an eight-year term.”
Photo: Lo Pei-der, Taipei Times
“That article was part of an amendment to prevent grand justices from bowing to the wishes of political figures when making constitutional interpretations,” Chen said. “Hsu’s appointment to serve as a grand justice again is unconstitutional and it would be an international joke.”
The amendment says that the Judicial Yuan has 15 grand justices, while the president and vice president of the body are to be selected from among them, being “nominated and, with the consent of the Legislative Yuan, appointed by the president of the Republic” of China.
Presidential Office officials said they have consulted legal experts regarding the issue.
The appointment would be legal and there would be no breach of the Constitution in nominating Hsu, the officials said.
Hsu would be “reappointed,” not “serving consecutive terms,” which are two different concepts, they said.
Hsu was not continuing as a grand justice to serve for another term, because he retired from the post, the officials said. Academics and experts on constitutional law were consulted and they concurred that the move would not be a breach of Article 5, therefore the government will go ahead with Hsu’s nomination.
Tsai has faced a number of obstacles filling the Judicial Yuan’s presidency and No. 2 post, with her first picks, Public Functionary Disciplinary Sanction Commission Chief Commissioner Hsieh Wen-ting (謝文定) and Judicial Yuan Secretary-General Lin Chin-fang (林錦芳) withdrawing over past controversies.
FREEDOM OF NAVIGATION: The UK would continue to reinforce ties with Taiwan ‘in a wide range of areas’ as a part of a ‘strong unofficial relationship,’ a paper said The UK plans to conduct more freedom of navigation operations in the Taiwan Strait and the South China Sea, British Secretary of State for Foreign, Commonwealth and Development Affairs David Lammy told the British House of Commons on Tuesday. British Member of Parliament Desmond Swayne said that the Royal Navy’s HMS Spey had passed through the Taiwan Strait “in pursuit of vital international freedom of navigation in the South China Sea.” Swayne asked Lammy whether he agreed that it was “proper and lawful” to do so, and if the UK would continue to carry out similar operations. Lammy replied “yes” to both questions. The
‘OF COURSE A COUNTRY’: The president outlined that Taiwan has all the necessary features of a nation, including citizens, land, government and sovereignty President William Lai (賴清德) discussed the meaning of “nation” during a speech in New Taipei City last night, emphasizing that Taiwan is a country as he condemned China’s misinterpretation of UN Resolution 2758. The speech was the first in a series of 10 that Lai is scheduled to give across Taiwan. It is the responsibility of Taiwanese citizens to stand united to defend their national sovereignty, democracy, liberty, way of life and the future of the next generation, Lai said. This is the most important legacy the people of this era could pass on to future generations, he said. Lai went on to discuss
AMENDMENT: Climate change is expected to increase the frequency of high-temperature days, affecting economic productivity and public health, experts said The Central Weather Administration (CWA) is considering amending the Meteorological Act (氣象法) to classify “high temperatures” as “hazardous weather,” providing a legal basis for work or school closures due to extreme heat. CWA Administrator Lu Kuo-chen (呂國臣) yesterday said the agency plans to submit the proposed amendments to the Executive Yuan for review in the fourth quarter this year. The CWA has been monitoring high-temperature trends for an extended period, and the agency contributes scientific data to the recently established High Temperature Response Alliance led by the Ministry of Environment, Lu said. The data include temperature, humidity, radiation intensity and ambient wind,
SECOND SPEECH: All political parties should work together to defend democracy, protect Taiwan and resist the CCP, despite their differences, the president said President William Lai (賴清德) yesterday discussed how pro-Taiwan and pro-Republic of China (ROC) groups can agree to maintain solidarity on the issue of protecting Taiwan and resisting the Chinese Communist Party (CCP). The talk, delivered last night at Taoyuan’s Hakka Youth Association, was the second in a series of 10 that Lai is scheduled to give across Taiwan. Citing Taiwanese democracy pioneer Chiang Wei-shui’s (蔣渭水) slogan that solidarity brings strength, Lai said it was a call for political parties to find consensus amid disagreements on behalf of bettering the nation. All political parties should work together to defend democracy, protect Taiwan and resist