The Cabinet yesterday formally filed for a constitutional interpretation and temporary injunction with the Constitutional Court on newly enacted legislative reform laws, and said that the premier would be cautious when appearing before the legislature today.
Executive Yuan Legal Affairs Committee Chairwoman Chen Shu-fei (沈淑妃) and attorney Lee Chuan-he (李荃和) delivered the government’s petition to the Constitutional Court at 2:40pm yesterday.
The constitutional challenge targeted amendments to the Act Governing the Legislative Yuan’s Power (立法院職權行使法) and the Criminal Code, which went into effect on Tuesday after lawmakers overrode the Cabinet’s motion for reconsideration in a party-line vote.
Photo: CNA
Premier Cho Jung-tai (卓榮泰) gave the order to initiate a legal challenge to the laws, citing “clear and grave” concerns with their constitutionality, Executive Yuan spokesman Chen Shih-kai (陳世凱) told a news conference held following yesterday’s Cabinet meeting.
The legislative reform laws would expand the Legislative Yuan’s power to conduct investigations, including imposing fines on private citizens and jail time for officials who hold the legislature in contempt.
In the premier’s view, the amendments contravene the nation’s democratic and republican constitutional order, the mandate on the separation of powers, basic human rights protections, due process, and the legal doctrines of proportionality and clarity, he said.
The Executive Yuan must move to invoke its right to request that the nation’s highest court strike down unconstitutional laws under Article 47 of the Constitutional Court Procedure Act (憲法訴訟法), Chen paraphrased Cho as saying.
The Cabinet also requested that the court issue a temporary injunction against the laws to prevent the potentially grievous harm they could cause to justice and human rights, he said.
The Executive Yuan has strategized on the appropriate protocols to follow to avoid running afoul of the new laws ahead of Cho’s appearance at a question-and-answer session at the legislature today, Chen said.
The Cabinet is hopeful that the Constitutional Court would grant an injunction and reach a decision before the court order’s six-month time limit is exceeded, he said.
Minister Without Portfolio Lin Ming-hsin (林明昕) said opposition lawmakers were not likely to seek an escalation at this time and that the nebulous definition of “counterquestion” gave officials sufficient room for maneuver to avoid conflict.
The Democratic Progressive Party on Wednesday separately filed a petition for a constitutional interpretation and injunction against the laws, while the Presidential Office said that it would send its petition at 9:30am today.
The Control Yuan has yet to lodge its challenge to the laws, but was expected to do so soon after concluding an internal discussion on the matter.
A legal expert speaking on condition of anonymity said that the court is likely to consolidate the disparate challenges into one case to expedite the process.
The court is “highly likely” to issue an injunction “as soon as possible,” probably by the beginning of next month, they said, adding that it would be effective for six months.
Additional reporting by Yang Kuo-wen
A tropical depression east of the Philippines became a tropical storm early yesterday, the Central Weather Administration (CWA) said, less than a week after a typhoon barreled across the nation. The agency issued an advisory at 3:30am stating that the 22nd tropical storm, named Yinxing, of the Pacific typhoon season formed at 2am. As of 8am, the storm was 1,730km southeast of Oluanpi (鵝鑾鼻), Taiwan’s southernmost point, with a 100km radius. It was moving west-northwest at 32kph, with maximum sustained winds of 83kph and gusts of up to 108kph. Based on its current path, the storm is not expected to hit Taiwan, CWA
Residents have called on the Taipei City Government to reconsider its plan to demolish a four-decades-old pedestrian overpass near Daan Forest Park. The 42-year-old concrete and steel structure that serves as an elevated walkway over the intersection of Heping and Xinsheng roads is to be closed on Tuesday in preparation for demolition slated for completion by the end of the month. However, in recent days some local residents have been protesting the planned destruction of the intersection overpass that is rendered more poetically as “sky bridge” in Chinese. “This bridge carries the community’s collective memory,” said a man surnamed Chuang
A tropical depression east of the Philippines became a tropical storm earlier today, the Central Weather Administration (CWA) said. The 22nd tropical storm, named Yinxing, in this year's Pacific typhoon season formed at 2am, the CWA said. As of 8am, the storm was 1,730km southeast of Oluanpi (鵝鑾鼻) with a 100km radius, it said. It was moving west-northwest at 32kph, with maximum sustained winds of 83kph and gusts of up to 108kph. Based on its current path, the storm is not expected to hit Taiwan, CWA meteorologist Huang En-hung (黃恩宏) said. However, a more accurate forecast would be made on Wednesday, when Yinxing is
NEW DESTINATIONS: Marketing campaigns to attract foreign travelers have to change from the usual promotions about Alishan and Taroko Gorge, the transport minister said The number of international tourists visiting Taiwan is estimated to top 8 million by the end of this year, Minister of Transportation and Communications Chen Shi-kai (陳世凱) said yesterday, adding that the ministry has not changed its goal of attracting 10 million foreign travelers this year. Chen made the remarks at a meeting of the legislature’s Transportation Committee to brief lawmakers about the ministry’s plan to boost foreign visitor arrivals. Last month, Chen told the committee that the nation might attract only 7.5 million tourists from overseas this year and that when the ministry sets next year’s goal, it would not include