President Ma Ying-jeou (馬英九) said yesterday that despite his constitutional duty to resolve disputes between the different branches of government, he does not have the power to do so and that the responsibility rests with the Council of Grand Justices.
Ma, who met the heads of the five government branches at the Presidential Office yesterday morning, said that the meeting was not aimed at resolving disputes among government branches but to serve as a platform for communication and interaction.
Defining yesterday's meeting as an “informal forum” and a luncheon, Ma said that although he nominated the heads and members of the Judicial Yuan, the Examination Yuan and the Control Yuan, they should perform their duties independently and not serve as extended Cabinet members.
The head of state can coordinate among government branches, but he cannot infringe on their authority, he said.
“I would like to function as a lubricant,” rather than do anything that would hurt the constitutional system, he said.
While most countries have three government branches, Ma said Taiwan has a unique system, with five branches. Aside from cooperating with each other, they serve as a system of checks and balances.
Although the president can resolve differences among government branches, Ma said critics had pointed out that this power is not vested in the president.
With Taiwan's transformation from an authoritarian regime and the Constitution being amended seven times, more disputes have been referred to the Council of Grand Justices for resolution, Ma said, adding that he thought it was a good alternative.
Ma's comment received a mixed response from constitutional experts.
Former grand justice Su Chun-hsiung (蘇俊雄) said the Constitution authorizes the president to settle disputes between government branches and that Ma could actually accomplish something if he set his mind to it.
Max Huang (黃國昌), an associate professor of law at Academia Sinica, said Ma's comment ran counter to the Constitution. Huang said he wondered whether Ma wanted to amend the Constitution or misinterpreted his constitutional role.
Lee Chien-lian (李建良), a constitutional exert at Academia Sinica, however, said that it was inappropriate for the president to resolve disputes among government branches.
He also cast doubt on the effectiveness of such a meeting, saying they could only exchange opinions rather than solve problems.
The meeting would also create the impression that government chiefs report to the president, Lee said, which runs counter to the Constitution.
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