President Chen Shui-bian (陳水扁) should file for an injunction on a court's planned review of documents concerning his "state affairs fund," part of which he claims was used on secret diplomatic missions, academics said yesterday, adding that he should request a constitutional interpretation afterwards.
The Taipei District Court ruled on Friday that the six secret diplomatic missions Chen claimed to be financed by the fund were not secret because they were not placed under the protection of the Classified National Security Information Protection Act (國家機密保護法).
The court also said documents concerning the diplomatic projects will be opened by tomorrow if Chen fails to produce evidence to prove his claim by noon today.
Chen Yaw-shyang (陳耀祥), a professor of public administration and policy at the National Taipei University, said that both the president and the Council of Grand Justices must make an all-out effort to safeguard the Constitution.
He argued the court did not have the right to make such a ruling because it may risk infringing on the presidential power of setting policies concerning national security.
Such policies cover the areas of defense, foreign affairs, cross-strait and major national disasters, he said at a forum organized by the Taiwan Law Society yesterday to discuss the legal issues caused by the court case over the president's discretionary fund.
In a bid to get the ruling overturned, Chen Yaw-shyang said the president must file for an injunction of the court's ruling and ask the Council of Grand Justices to determine its constitutionality.
He also encouraged Presidential Office Secretary-General Mark Chen (陳唐山) to seek a constitutional interpretation from the council after the court had fined him and four other members of the presidential staff NT$30,000 (US$914) each for refusing to testify in court.
Describing the controversy as a growing pain during the country's democratization process, Hsu Yung-ming (
"The legal system is trying to extend its power and exert influence on the executive branch," he said. "Prosecutors and the judge have set a goal of bringing down the president so they can leave their names in the history books."
Shih Cheng-feng (施正鋒), a professor at Tamkang University's Department of Public Administration, said the president was entitled to the so-called "state secrets privilege" or "executive privilege" to safeguard secrets concerning national security.
The public must not worry that the president will abuse such power because there is impeachment and recall in place if any political mistake is made, he said.
However, after the change of government, political infighting has driven opposition parties to abuse the Constitution and sabotage the constitutional system.
If opposition parties think the president is over-protected by the Constitution, they should make efforts to amend it and redefine presidential power, he said.
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