Calls to increase powers of oversight for legislators go against the separation of powers stipulated in the Constitution, Control Yuan President Chen Chu (陳菊) and Democratic Progressive Party (DPP) politicians said yesterday.
The Constitution is based on a framework of five branches of the central government, as envisioned by the Republic of China founders in the original Constitution in 1947.
The five branches are executive, legislative, judicial, examination and control, which are designed to work independently.
Photo: Wang Yi-sung, Taipei Times
“We respect the discussion by lawmakers on the issue, but Taiwan is a nation based on the five-power Constitution, with each branch having its independent authority and function,” she said. “We will adhere to our nation’s constitutional framework.”
DPP members have accused the Chinese Nationalist Party (KMT) of attempting a “power grab” through “unconstitutional expansion of authority” of the Legislative Yuan.
The KMT has been pushing for legislators to have powers of investigation and hearings, similar to the US Congress.
KMT Chairman Eric Chu (朱立倫) yesterday reiterated the calls, saying that lawmakers should have the authority to evaluate and oversee government departments, approve or reject ministerial appointments, investigate misconduct, and reprimand or impeach government officials.
“The KMT has the most seats in the legislature and we will work together ... to serve the wishes of the people,” Chu said. “We demand to have truth and justice for all, and will carry out needed reforms.”
He dismissed remarks by DPP politicians that granting lawmakers such powers would be unconstitutional as they duplicate the functions and authorities of the Judicial Yuan and the Control Yuan.
“Such talk by DPP politicians is anti-democratic and regressive,” he said.
“The KMT seeks to have the same powers as other democratic countries,” he added.
“It is vital to have these powers and the central government must not disregard the will of the people,” Chu said.
Earlier, DPP caucus whip Ker Chien-ming (柯建銘) said that the KMT was working to “dismantle the Constitution and ruin government authority.”
Its plans would have serious consequences, Ker said.
“The Constitution stipulates the separation of powers... The Legislative Yuan does not have the power of investigation or to conduct hearings,” he said. “This is a clear and definitive principle of the constitutional framework.”
He also criticized KMT caucus whip Fu Kun-chi’s (傅?萁) proposal to re-establish the Ministry of Justice’s “special investigation division.”
The division was abolished due to abuse of power by KMT officials, Ker said.
“What powers does Fu and the KMT want to add to the Legislative Yuan?” he asked.
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