The Constitutional Court yesterday heard arguments on controversial changes to the Constitutional Court Procedure Act (憲法訴訟法) passed by the legislature last year.
Opposition party lawmakers on Dec. 12 last year passed amendments to the act stipulating that the president must submit nominations to fill court vacancies within two months if the number of justices falls below 15, and that it requires at least 10 justices on the court — which normally has 15 members — to hear a case, and at least nine justices to back any unconstitutional ruling.
The Democratic Progressive Party (DPP) caucus requested an injunction and constitutional interpretation of the amendments earlier this year.
Photo: CNA
The Constitutional Court invited representatives of the petitioner and the legislature, as well as experts to state their opinions.
DPP caucus whip Ker Chien-ming (柯建銘) and caucus chief executive Rosalia Wu (吳思瑤) attended on behalf of the petitioner, while Taiwan People’s Party Chairman Huang Kuo-chang (黃國昌) and Chinese Nationalist Party (KMT) Legislator Wu Tsung-hsien (吳宗憲) represented the legislature.
Ker and Wu said the passage of the amendments lacked discussion and was achieved through a non-recorded show-of-hands vote.
There were many serious legislative defects and the review process was reduced to majoritarian oppression that might be unconstitutional, they said.
The amendments infringed upon the core of judicial power protected by the Constitution and contravened the principle of the separation of powers, likely handicapping the operation of the Constitutional Court or even paralyzing it, the petitioners said.
Huang and Wu said they view a constitutional interpretation of the amendments as “judicial interference with the legislature’s parliamentary procedures” to be in contravention of the principle of the separation of powers.
The legislature’s autonomy and power of decision over internal affairs should be fully respected by judicial agencies, including the constitutional interpretation authority, as long as it does not contravene the Constitution, they said.
Endless controversies would ensue if the case set a precedent that allows judicial or other agencies to question or interfere with the legislature’s internal operations and instruct it on how to interpret its internal statutes or procedures, they said.
Wu in his remarks challenged the legitimacy of the hearing, stating that not enough justices were present.
The court should not extend its hand into politics, particularly as the amendments do not have major defects and should not be subject to constitutional review, he said, calling on the petitioner not to tarnish the justices’ reputation by dragging them into a political dispute.
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