Chang Chun-hsiung accepts decision to reject resignation

The Cabinet yesterday accepted President Chen Shui-bian's (陳水扁) rejection of its resignation, with Premier Chang Chun-hsiung (張俊雄) supporting the president's decision.

Chen the resignation out of concern that the tradition of the Cabinet stepping down after a new legislature is elected disrupts government administration, Chang said, adding that the president hoped this would end the convention.

Chang that he had the same concerns as Chen when he offered to resign on Jan. 24 and that he agreed with Chen's decision.

Chang, accompanied by Vice Premier Chiou I-jen (邱義仁), Minister without Portfolio Hsu Chih-hsiung (許志雄) and other officials, called a press conference after the president rejected the Cabinet's resignation.

Instead accepting Chang's resignation and then reappointing him premier, as has been done in the past when a resigning premier is asked to stay on, Chen rejected the resignation.

Chen a 1997 constitutional amendment that gives the president the power to appoint a premier without consulting the legislature, saying that constitutional interpretations No. 387 from 1995 and No. 419 from 1996 were outdated.

The Council of Grand Justices said in those interpretations that a premier should resign before a newly elected legislature is sworn in, based on the principle of balance of powers between the executive and legislative branches.

Chen he rejected the resignation in part to avoid the problem of having to form a new Cabinet twice within three months every four years after the legislative elections and presidential inauguration. A 2005 constitutional amendment extended legislative terms of office from three to four years in step with that of the president.

Chen's has drawn criticism from opposition politicians who said the president does not have the authority to judge constitutional interpretations.

In response, Chiou said: "The president has made his views on the matter clear. If some disagree with him, they can seek a constitutional interpretation."

"Although the problem of a Cabinet forming twice within three months every four years was foreseen at the time of the 1995 constitutional amendment, we have not had a chance until now to set a new convention," Chiou said.

But Hsu said that this manner of dealing with the resignation of the Cabinet did not necessarily ensure a new convention.

Whether Cabinet tenders its resignation and when it does so "has much to do with politics," Hsu said. "It's not for us to predict whether that will happen again."

Hsu the president was authorized to approve or reject a Cabinet's "courtesy resignation," citing constitutional interpretation No. 419.

The interpretation specifically addressed the Cabinet resigning before a new president is to be inaugurated.

Hsu the Cabinet's resignation tendered following legislative elections was also a form of "courtesy resignation."