The Constitutional Court has agreed to review separate petitions filed by the ruling Democratic Progressive Party (DPP) and the Executive Yuan challenging the constitutionality of this year’s central government budget, which opposition lawmakers cut and froze.
In a statement yesterday, the Judicial Yuan, the nation’s top judicial body, which oversees the Constitutional Court, confirmed the review, but provided no further details.
The DPP legislative caucus and the Cabinet brought the case to court in May, arguing that the budget cuts ordered by the opposition-controlled Legislature contravened the principles of legal clarity and separation of powers under the Constitution.
Photo: CNA
President William Lai (賴清德) signed the budget into law in late March. Of the NT$207.6 billion (US$6.95 billion) in cuts, lawmakers asked the executive branch to determine which of the NT$63.6 billion worth of operations would be affected — a move the petitioners said reflected the legislature’s failure to duly deliberate the budget.
They also contended that the cuts impaired the functions of several agencies, including the Presidential Office, the Cabinet and the Control Yuan, thereby encroaching on the authority of other branches of government.
However, the court’s ability to issue a ruling remains uncertain. The current eight-member bench cannot meet the quorum of at least 10 justices required for adjudication under a measure passed by opposition lawmakers in December last year, who have also repeatedly blocked Lai’s nominees to fill seven vacant seats.
Constitutional Court Director-General Yang Hao-ching (楊皓清) said it would be up to the justices to decide whether to consolidate the two petitions with another budget-related case filed by the Control Yuan in May.
He declined to comment on the progress of the cases that the justices have agreed to review.
Yang said that the Constitutional Court has not issued any rulings since amendments to the Constitutional Court Procedure Act (憲法訴訟法), which introduced the 10-member quorum requirement, were passed by the legislature in December last year and signed into law by Lai in January.
The court is still able to accept petitions, as the provisions governing their submission were unaffected by the revisions, he said.
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