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319 clauses unconstitutional: judges

The Council of Grand Justices yesterday ruled that some of the clauses contained within 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) are unconstitutional and should be immediately removed from the statute.

The council made the ruling in response to a request for a constitutional interpretation filed by Democratic Progressive Party (DPP) caucus whip Ker Chien-ming (柯建銘) on behalf of the DPP caucus after the legislature passed the statute on Aug. 24, 2004.

REQUEST

The caucus made the request for a ruling out of concern that the statute could have damaged the balance of power -- as mandated by the Constitution -- among the Executive Yuan, Legislative Yuan, Control Yuan, Judicial Yuan and Examination Yuan.

TWELVE IN FAVOR

Thirteen grand justices participated in yesterday's vote. Twelve of the justices cast votes in favor of the interpretation.

As a unit under the Legislative Yuan, the committee does have the legal basis to enforce investigations, Judicial Yuan Secretary-General Fan Kuang-chun (范光群) said.

However, Interpretation Article 585 of the Constitution also stipulates that the power of the Legislative Yuan and Executive Yuan shall be balanced, he said.

Therefore, if the committee wished to call in personnel from the Legislative Yuan or Executive Yuan, the committee, as with any legislative unit, must first obtain approval from the proper administrative agencies.

In response to the interpretation, March 19 Shooting Truth Investigation Special Committee spokesman Wang Ching-feng (王清峰) yesterday said that the fact the Council of Grand Justices had ruled that some of the clauses in the statute were unconstitutional proved that "majority of clauses in the statute are constitutional."

`BELATED JUSTICE'

When asked by reporters for comments, Ker yesterday called the ruling "belated justice."

Ker said that he was glad that the Grand Justices delivered the interpretation, although the caucus had filed a request for such an interpretation a "long time ago."

LASHING OUT

Chinese Nationalist Party caucus whip Kuo Su-chun (郭素春), on the other hand, lashed out at the justices, saying that the interpretation was delivered to prevent the truth from being revealed in a bid to "protect certain people."

Kuo said she did not believe the interpretation would win the public's confidence, adding that the shooting had disgraced the nation.

Taiwan Solidarity Union caucus whip Lo Chih-ming (羅志明) also criticized the Council of Grand Justices for lacking efficiency in delivering the interpretation.
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