President Tsai Ing-wen’s (蔡英文) nomination of former grand justice Hsu Tsung-li (許宗力) for Judicial Yuan president yesterday sparked a heated debate in the legislature, with Chinese Nationalist Party (KMT) Legislator Lai Shyh-bao (賴士葆) saying it was unconstitutional and accusing Tsai of turning the nation’s democratic system into a monarchy.
By law, the Judicial Yuan president and vice president serve "ex officio" on the Council of Grand Justices.
Critics have said that since Hsu had previously served as a grand justice, his nomination goes against the Constitution, which stipulates that individuals cannot hold a position for “two consecutive terms.”
Lai said that Tsai’s nomination of Hsu came after her first nominee for Judicial Yuan president, Hsieh Wen-ting (謝文定), withdrew, amid criticism of his controversial role in helping prosecute several cases during the White Terror era.
Tsai withdrew her nomination of Hsieh after caving in to pressure from “certain groups,” the KMT legislator said.
He added that the nation’s administrative system is neither presidential nor semi-presidential or parliamentary, but autocratic, as Tsai is prone to making arbitrary decisions based on the opinions of pan-green media outlets and personalities.
The KMT lawmaker said that Tsai’s “despotic style of leadership” has reduced Premier Lin Chuan (林全) to the role of a personal adviser, which is a fate that Hsu would likewise suffer if he is named Judicial Yuan president.
“It is rather unfortunate for the nation,” he said.
Democratic Progressive Party (DPP) Legislator Lin Chun-hsien (林俊憲) said that Lai has put forward a “pseudo” issue, as the nomination is thoroughly constitutional.
He said that the Constitution allows for grand justices to be reappointed after a four-year gap, so as to avoid their integrity from being compromised by a president’s will.
He added that Hsu’s nomination falls squarely into this category.
“Lai is opposing Hsu’s nomination for opposition’s sake,” he said.
A majority of the 14 academics and experts who attended the public hearing said they found no improprieties with the nomination, although some did voice their concern that a reappointment could be viewed as serving consecutive terms.
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