President William Lai (賴清德) has promulgated amendments to the Constitutional Court Procedure Act (憲法訴訟法), but would call for a Constitutional Court ruling on the constitutionality of the amendments, Presidential Office spokesperson Karen Kuo (郭雅慧) said today.
According to Taiwanese law, the amendments will take effect on Saturday, three days after the promulgation.
Amendments to Article 4, Article 30 and Article 95 passed by the legislature have been promulgated at its request made on Monday last week, the Presidential Office said in a news release.
Photo: Taipei Times
Kuo cited Lai as saying that the amendments involve regulations regarding the court’s ruling, its decision on preliminary injunction and the threshold to declare a case unconstitutional, which would cause problems such as impeding the court’s normal operation, trespassing the core of judicial power and violating the principle of separation of powers.
Lai called for a ruling from the court on the matter to clarify the constitutional framework and maintain the constitutional order, Kuo said.
Lai’s message has been passed to the presidents of the Executive Yuan, the Legislative Yuan, the Judicial Yuan, the Examination Yuan and the Control Yuan, she added.
After the third reading of amendments to the act were passed on Dec. 20 last year, the Executive Yuan ordered the legislature to “reconsider” or hold a revote with approval from the president on Jan. 2, Kuo added.
The legislature voted against reconsidering the bill on Jan. 10 and requested the president to promulgate the law on Monday last week, Kuo said.
Asked whether the Executive Yuan would seek a constitutional interpretation, Cabinet spokesperson Michelle Lee (李慧芝) said it is deliberating on the matter with Minister Without Portfolio Lin Min-Hsin (林明昕) and would announce its decision when the time comes.
Democratic Progressive Party (DPP) caucus whip Ker Chien-ming (柯建銘) told a news briefing today that a request for the Constitutional Court to grant a temporary injunction and review the law would be filed.
A spokesman for the court later confirmed that it got the request.
The Chinese Nationalist Party (KMT) said Lai’s promulgation of the law and application for a constitutional interpretation at the same time is the worst example of going against the public opinion.
Abiding by the law is the basic duty of the administration, 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 Bloomberg
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