When exactly did Taiwan People’s Party (TPP) Legislator Huang Kuo-chang (黃國昌) join the blue camp? He used to stand with the young people, but now he turns his back on them.
Huang has been urging the legislative reform bills proposed by the Chinese Nationalist Party (KMT) and TPP to be passed.
When the bills were first proposed, I expected them to help replace the chaotic chamber with a more self-disciplined one.
However, instead of trying to introduce order into chaos, the opposition is attempting a power grab, overriding government officials and even Taiwan’s elected head of state.
The bills cover a series of outrageous regulations, and that is why the KMT and TPP resist openly discussing the details.
Legislative reforms are just an excuse. The KMT and the TPP’s real intention is to expand the power of lawmakers. They are brazenly moving the goalposts.
Those who refuse a demand by the legislature or delay their response, conceal information or provide false statements during an investigation or when it reviews documents can be fined NT$10,000 to NT$100,000, according to a change to Article 48, Paragraph 2 of the Act Governing the Legislative Yuan’s Power (立法院職權行使法) being proposed by the KMT and the TPP.
Who do the KMT and TPP think they are? Legislators have no right to do that.
Sadly, if the amendments proceed, lawmakers would be given the authority to control the public. That would be an exploitation of human rights, in which politicians are forever superior to the public and are able to punish anyone as they wish.
That is no different than the White Terror era.
We all know that the Legislative Yuan is a place where political parties confront each other. Considering this, lawmakers are not necessarily required to behave in a regulated norm; their ridiculous or stupid words and behaviors are even, to some degree, countenanced by the public.
If lawmakers are given so much room to express their ideas, why is the public not given the equivalent rights to reject an unreasonable query on providing information?
We often worry that the executive power overrides other authorities under a constitutional system. Surprisingly, in Taiwan, it is the legislative floor that seeks to monopolize the governing. That would definitely be a “remarkable” page in the constitutional system.
The Constitution of the Republic of China says that the Legislative Yuan does not have investigative rights. If the KMT and the TPP “empower” themselves to investigate the public by means of making a law, they would ruin the separation of powers.
Even if the legislature is given the right to investigate the public, there should be some limitations. For instance, lawmakers can ask a person to testify in court or to provide information, but they should never be allowed to force anyone to do so.
If a person refuses to comply with the request, the Legislative Yuan could propose a motion to the court to subpoena that person as a witness or to provide evidence.
In terms of fines, the Legislative Yuan should also file a motion to the court to impose sanctions, and the decisions should not be made by the Legislative Yuan itself.
Nonetheless, the KMT and the TPP are trying to give the legislature the ultimate power to impose a sanction only based on resolution in the plenary sitting, but judgement by the courts. Are they trying to bully the public?
Liu Che-chia is secretary-general of the Sovereign State for Formosa and the Pescadores Party.
Translated by Hsieh Yi-ching
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