Measures adopted by the legislature to raise the thresholds for Constitutional Court rulings are to take effect tomorrow after being promulgated by President William Lai (賴清德), while the Democratic Progressive Party (DPP) caucus said it has applied for a temporary injunction and a constitutional interpretation of the changes.
Presidential Office spokesperson Karen Kuo (郭雅慧) in a statement said that Lai had signed the amendments to the Constitutional Court Procedure Act (憲法訴訟法) into law.
The amendments are to take effect tomorrow, three days after promulgation.
Photo: George Tsorng, Taipei Times
Kuo cited the president as saying the measures risked disrupting Constitutional Court operations, usurping the judicial authorities’ powers and undermining the principle of separation of powers between government branches.
Lai is calling for a ruling on the constitutionality of the amendments, the spokesperson added.
Asked whether the Executive Yuan would seek a constitutional interpretation, spokesperson Michelle Lee (李慧芝) said it is deliberating the matter with Minister Without Portfolio Lin Min-hsin (林明昕).
DPP caucus whip Ker Chien-ming (柯建銘) told a news conference yesterday that a request for the court to grant a temporary injunction and review the law had been filed.
A spokesman for the court later confirmed that it had received the request.
The DPP took the action shortly after lawmakers from the Chinese Nationalist Party (KMT) and the Taiwan People’s Party (TPP), who together have a majority in the legislature, upheld the measures they had previously pushed through in a revote requested by the Cabinet.
However, with the new measures requiring a minimum of 10 justices to hear and rule on a case, it remains unclear whether the Constitutional Court, which normally has 15 justices, but currently has only eight, can review such a case.
Lai had nominated seven candidates to replace those whose eight-year terms ended on Oct. 31 last year, but all were rejected by the legislature.
The president has yet to select new nominees.
According to another new measure, a ruling declaring an existing legal provision unconstitutional must be backed by at least nine justices.
The amendments replaced previous rules that only mandated the presence of at least two-thirds of all sitting justices, with a ruling determined by a simple majority vote.
The amendments have been criticized by the DPP and civic groups as an attempt by the opposition to immobilize the court, which primarily handles petitions from the public, but also intervenes in disputes among top government bodies.
KMT and TPP lawmakers have defended the revisions, saying they would ensure more rigorous reviews by the court and that a minimum attendance requirement would prevent future cases from being decided by only a handful of justices.
The KMT yesterday said that Lai’s promulgation of the law and application for a constitutional interpretation was the worst example of going against public opinion.
Abiding by the law is the basic duty of the government, the KMT said, adding that the DPP should not act like a “crybaby” and should understand the way things work in a minority government.
Additional reporting by Chen Yun
TRAGEDY STRIKES TAIPEI: The suspect died after falling off a building after he threw smoke grenades into Taipei Main Station and went on a killing spree in Zhongshan A 27-year-old suspect allegedly threw smoke grenades in Taipei Main Station and then proceeded to Zhongshan MRT Station in a random killing spree that resulted in the death of the suspect and two other civilians, and seven injured, including one in critical condition, as of press time last night. The suspect, identified as a man surnamed Chang Wen (張文), allegedly began the attack at Taipei Main Station, the Taipei Fire Department said, adding that it received a report at 5:24pm that smoke grenades had been thrown in the station. One man in his 50s was rushed to hospital after a cardiac arrest
PUBLIC SAFETY: The premier said that security would be tightened in transport hubs, while President Lai commended the public for their bravery The government is to deploy more police, including rapid response units, in crowded public areas to ensure a swift response to any threats, President William Lai (賴清德) said yesterday after a knife attack killed three people and injured 11 in Taipei the previous day. Lai made the remarks following a briefing by the National Police Agency on the progress of the investigation, saying that the attack underscored the importance of cooperation in public security between the central and local governments. The attack unfolded in the early evening on Friday around Taipei Main Station’s M7 exit and later near the Taipei MRT’s Zhongshan
ON ALERT: Taiwan’s partners would issue warnings if China attempted to use Interpol to target Taiwanese, and the global body has mechanisms to prevent it, an official said China has stationed two to four people specializing in Taiwan affairs at its embassies in several democratic countries to monitor and harass Taiwanese, actions that the host nations would not tolerate, National Security Bureau (NSB) Director-General Tsai Ming-yen (蔡明彥) said yesterday. Tsai made the comments at a meeting of the legislature’s Foreign Affairs and National Defense Committee, which asked him and Minister of National Defense Wellington Koo (顧立雄) to report on potential conflicts in the Taiwan Strait and military preparedness. Democratic Progressive Party (DPP) Legislator Michelle Lin (林楚茵) expressed concern that Beijing has posted personnel from China’s Taiwan Affairs Office to its
‘ILLEGAL RULING’: The KMT and the TPP slammed the Constitutional Court judgement, saying it contravened the law and was trying to clear the way for a ‘green dictatorship’ The Constitutional Court yesterday ruled that amendments to the Constitutional Court Procedure Act (憲法訴訟法) passed by the Legislative Yuan last year are unconstitutional, as they contravene due legislative process and separation of powers. The Legislative Yuan on Dec. 20 last year passed amendments stipulating that no fewer than 10 grand justices must take part in deliberations of the Constitutional Court, and at least nine grand justices must agree to declare a law unconstitutional. The Executive Yuan on Jan. 2 requested that lawmakers reconsider the bill, but the Legislative Yuan, under a combined majority of Chinese Nationalist Party (KMT) and Taiwan People’s Party
RSS