The nationalization of Taiwan’s 17 irrigation associations under the Agency of Irrigation in July 2020 did not contravene the Constitution, the Constitutional Court ruled yesterday.
The move did not contravene the principle of legal clarity, nor people’s freedom of association, guaranteed by Article 14 of the Constitution, said Judicial Yuan President Hsu Tzong-li (許宗力), who heads the Constitutional Court.
The nationalization process did not infringe on property rights, nor did it violate the non-retroactivity principle or the principle of legitimate expectation, Hsu said.
Photo: Tsung Chang-chin, Taipei Times
Chinese Nationalist Party (KMT) legislators said the nationalization of the irrigation associations under the Irrigation Act (農田水利法) was disproportionate and amounted to stealing from the public.
The irrigation agency was established without amending the Organizational Act of the Council of Agriculture (行政院農業委員會組織條例), and therefore breached the legal reservation principle and the Act Governing Central Administrative Agencies and Organizations (中央行政機關組織基準法), the legislators said.
The agency was founded via executive order, instead of by following due process, they said.
The Taoyuan irrigation association, a plaintiff in the case, said the act breached its members’ freedom of association, infringed on their property rights and endangered their livelihood.
The Executive Yuan countered the argument, saying that irrigation associations are public legal persons that provide indirect administrative oversight on behalf of the government.
Therefore, the former irrigation association system was not based on constitutional rights and the associations cannot ask for basic guarantees under the Constitution, the Cabinet said.
Taiwanese expect improvements to food safety, and fair and efficient use of water in light of changing agricultural practices amid concerns over climate change, the Council of Agriculture said.
These are expectations that the irrigation associations, many of which were mired in financial and administrative issues, could no longer meet, the council said.
The need to nationalize the associations into a government agency was urgent and necessary, it said.
The government initiated dialogue with the associations and the public to ensure they are involved in every step of the transition, the council added.
The Ministry of the Interior (MOI) is to tighten rules for candidates running for public office, requiring them to declare that they do not hold a Chinese household registration or passport, and that they possess no other foreign citizenship. The requirement was set out in a draft amendment to the Enforcement Rules of the Public Officials Election and Recall Act (公職人員選舉罷免法 ) released by the ministry on Thursday. Under the proposal, candidates would need to make the declaration when submitting their registration forms, which would be published in the official election bulletin. The move follows the removal of several elected officials who were
FOUR DESIGNATED AREAS: Notices were issued for live-fire exercises in waters south and northwest of Penghu, northeast of Keelung and west of Kaohsiung, they said The military is planning three major annual exercises across the army, navy and air force this month, with the navy’s “Hai Chiang” (海強, “Sea Strong”) drills running from today through Thursday, the Ministry of National Defense said yesterday. The Hai Chiang exercise, which is to take place in waters surrounding Taiwan, would feature P-3C Orion maritime patrol aircraft and S-70C anti-submarine helicopters, the ministry said, adding that the drills aim to bolster the nation’s offshore defensive capabilities. China has intensified military and psychological pressure against Taiwan, repeatedly sending warplanes and vessels into areas near the nation’s air defense identification zone and across
SENATE RECOMMENDATION: The National Defense Authorization Act encourages the US secretary of defense to invite Taiwan’s navy to participate in the exercises in Hawaii The US Senate on Thursday last week passed the National Defense Authorization Act (NDAA) for Fiscal Year 2026, which strongly encourages the US secretary of defense to invite Taiwan’s naval forces to participate in the Rim of the Pacific (RIMPAC) exercise, as well as allocating military aid of US$1 billion for Taiwan. The bill, which authorizes appropriations for the military activities of the US Department of Defense, military construction and other purposes, passed with 77 votes in support and 20 against. While the NDAA authorizes about US$925 billion of defense spending, the Central News Agency yesterday reported that an aide of US
NATIONAL DAY: The ‘Taiwan Dome’ would form the centerpiece of new efforts to bolster air defense and be modeled after Israel’s ‘Iron Dome,’ sources said President William Lai (賴清德) yesterday pledged to strengthen the nation’s air defense capabilities and build a “T-Dome” system to create a safety net against growing military threats from China. “We will accelerate our building of the T-Dome, establish a rigorous air defense system in Taiwan with multi-layered defense, high-level detection and effective interception, and weave a safety net for Taiwan to protect the lives and property of citizens,” he said in his National Day address. In his keynote address marking the Republic of China’s (ROC) 114th anniversary, Lai said the lessons of World War II have taught nations worldwide “to ensure that
RSS