Amid continuing controversy over the “September political strife,” a number of legal experts yesterday issued a joint statement accusing President Ma Ying-jeou (馬英九) of using his status as the Chinese Nationalist Party’s (KMT) chairman to bypass the constitutional boundaries of presidential authority.
The statement, titled President Ma overstepping the constitutional red line: A group of legal academics’ collective opinions on the president’s interference in the self-disciplined legislature, was endorsed by a 36 legal specialists, including National Taiwan University law professors Yen Chueh-an (顏厥安) and Chang Wen-chen (張文貞).
“While the legitimacy of Prosecutor-General Huang Shih-ming’s (黃世銘) and the Special Investigation Division’s handlings of the case of alleged illegal lobbying brought against Legislative Speaker Wang Jin-pyng (王金平), and whether Ma’s role in the case constitutes manipulation of the investigating agency, are yet to be determined, Ma’s dealings with the incident have blatantly violated the doctrine of separation of powers, and jeopardized the constitutional order of this free and democratic country,” the statement said.
The statement accused Ma of using his power as KMT chairman to forcibly manipulate the party into revoking Wang’s party membership and stripping him of his status as a KMT legislator-at-large, in an effort to fulfill his ultimate goal of having someone else lead the legislature.
Wang’s party membership was revoked on Wednesday last week by the KMT’s Central Evaluation and Discipline Committee for his alleged illegal lobbying for Democratic Progressive Party caucus whip Ker Chien-ming (柯建銘) in a legal matter.
Wang then filed a provisional injunction with the Taipei District Court seeking to retain his KMT membership and rights. The court ruled in his favor on Friday.
In a move believed to have been initiated by Ma, the KMT on Monday brought the case to a higher court, which is expected to hand down a ruling today.
The statement said that although a president was permitted to double as the chairman of a political party, there was no such thing as “being the president one minute and the next minute, not” while he or she was still in office.
“In other words, presidents will never be allowed to do what they are constitutionally forbidden from doing just because they say they are acting in their capacity as a party chairman. Otherwise, they would be able to bypass the boundaries set for them by the Constitution simply by switching back and forth between the two positions,” the statement said.
The statement added that maintaining legislative self-discipline was an integral part of the principles of separation of powers, and that it should be the mandate of the legislature to investigate and punish its members who had crossed the moral boundaries.
“The adherence to the principle of legislative self-discipline is an indicator of whether a nation is a constitutional democracy or a one-party totalitarian regime,” the statement added.
While calling on the legislature’s Discipline Committee to subject the alleged illegal lobbying case to the severest scrutiny, the statement urged Ma to refrain from interfering in matters covered by the legislative self-discipline principle and from encroaching on the core area of the legislature’s rights.
Ma should have avoided interfering in the KMT’s deliberations on the fate of Wang to maintain the separation of powers, but instead he held several press conferences calling for Wang’s removal from the legislative speakership, saying that Wang was no longer fit to fill the position, the statement said.
Ma also made the same call at a meeting of the KMT’s disciplinary committee that revoked Wang’s party membership, which was sufficient to prove that he had overstepped his constitutional authority, it added.
The statement concluded by calling on members of the public to face up to the difficult challenges facing the nation’s constitutional system, while urging competent agencies to immediately restore the constitutional order.
Three batches of banana sauce imported from the Philippines were intercepted at the border after they were found to contain the banned industrial dye Orange G, the Food and Drug Administration (FDA) said yesterday. From today through Sept. 2 next year, all seasoning sauces from the Philippines are to be subject to the FDA’s strictest border inspection, meaning 100 percent testing for illegal dyes before entry is allowed, it said in a statement. Orange G is an industrial coloring agent that is not permitted for food use in Taiwan or internationally, said Cheng Wei-chih (鄭維智), head of the FDA’s Northern Center for
LOOKING NORTH: The base would enhance the military’s awareness of activities in the Bashi Channel, which China Coast Guard ships have been frequenting, an expert said The Philippine Navy on Thursday last week inaugurated a forward operating base in the country’s northern most province of Batanes, which at 185km from Taiwan would be strategically important in a military conflict in the Taiwan Strait. The Philippine Daily Inquirer quoted Northern Luzon Command Commander Lieutenant General Fernyl Buca as saying that the base in Mahatao would bolster the country’s northern defenses and response capabilities. The base is also a response to the “irregular presence this month of armed” of China Coast Guard vessels frequenting the Bashi Channel in the Luzon Strait just south of Taiwan, the paper reported, citing a
A total lunar eclipse, an astronomical event often referred to as a “blood moon,” would be visible to sky watchers in Taiwan starting just before midnight on Sunday night, the Taipei Astronomical Museum said. The phenomenon is also called “blood moon” due to the reddish-orange hue it takes on as the Earth passes directly between the sun and the moon, completely blocking direct sunlight from reaching the lunar surface. The only light is refracted by the Earth’s atmosphere, and its red wavelengths are bent toward the moon, illuminating it in a dramatic crimson light. Describing the event as the most important astronomical phenomenon
UNDER PRESSURE: The report cited numerous events that have happened this year to show increased coercion from China, such as military drills and legal threats The Chinese Communist Party (CCP) aims to reinforce its “one China” principle and the idea that Taiwan belongs to the People’s Republic of China by hosting celebratory events this year for the 80th anniversary of the end of World War II, the “retrocession” of Taiwan and the establishment of the UN, the Mainland Affairs Council (MAC) said in its latest report to the Legislative Yuan. Taking advantage of the significant anniversaries, Chinese officials are attempting to assert China’s sovereignty over Taiwan through interviews with international news media and cross-strait exchange events, the report said. Beijing intends to reinforce its “one China” principle
RSS