The Cabinet sent the controversial "March 19 Shooting Truth Investigation Special Committee Statute" back to the opposition-controlled Legislative Yuan for reconsideration yesterday, in effect vetoing the legislation.
The Cabinet said it felt compelled to ask the legislature to reconsider the statute for several reasons, including that the statute violates the principle of division of powers and that the special committee -- to be established under the statute to investigate the presidential election-eve shooting of President Chen Shui-bian (陳水扁) and Vice President Annette Lu (呂秀蓮) -- would usurp the powers of the Judicial Yuan and the Control Yuan.
According to the Constitution, the Cabinet, with the approval of the president, can return a bill passed by the legislature within 10 days. The legislature must handle the reconsideration request within 15 days. If the Cabinet delivers such a request during a legislative recess, the legislature has to convene within seven days and must make a decision within 15 days of convening.
President Chen endorsed the Cabinet's move Monday, prior to his departure for official visits to Panama and Belize.
Legislative Yuan President Wang Jin-pyng (
Wang said the legislative caucuses of the ruling and opposition parties are scheduled to meet Monday to set a date for dealing with the request.
The legislature will open its new session Sept. 17, which is also the expiry date for the legislature to handle the request.
With the consent of legislators from the major political parties, Wang said, the legislature is likely to convene a plenary session before Sept. 17 to handle the issue.
To override the Cabinet's veto and uphold the original statute, at least 109 lawmakers -- a simple majority of the 217 occupied seats in the 225-seat legislature that are presently filled -- have to vote in favor of the statute, otherwise it will be invalidated.
If the request is rejected by the legislature, it will then return to the executive branch, where it must be signed into law by the president.
Premier Yu Shyi-kun said last week that in light of the slim majority held by the opposition "pan-blue alliance" of the Chinese Nationalist Party (KMT) and the People First Party (PFP) in the legislature, the alliance might succeed in upholding the statute.
Nevertheless, Yu said, the Cabinet has to show it has done its part by pointing out the unconstitutionality of the statute. He urged the Legislative Yuan to consider the historic nature of the statute and rescind it.
Legislator Lee Chun-yi (李俊毅), also a legislative whip of the ruling Democratic Progressive Party (DPP), said the party caucus is confident of overturning the "unconstitutional" statute.
"We'll do our utmost to veto the statute in the upcoming showdown vote in the legislature," Lee said.
Quoting the results of a recent public opinion survey, Lee said 70 percent of the respondents thought the statute was unconstitutional and legally inappropriate.
"We hope the opposition lawmakers will respond to public expectations by rescinding the legislation," Lee added.
However, "pan-blue alliance" lawmakers pledged to do whatever they can to uphold the statute.
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