TAIPEI (Taiwan News) — On Wednesday (July 10), Taiwan’s Constitutional Court held an initial hearing on the government’s effort to challenge the constitutionality of amendments to laws governing the powers of the Legislative Yuan.
The controversial measures to expand the legislature’s power were passed in late June by an alliance of Kuomintang (KMT) and Taiwan People’s Party (TPP) lawmakers. Under the Lai administration, the Democratic Progressive Party (DPP) and Executive Yuan filed for a review of the changes four days after the law went into effect; as a result, the court granted a temporary injunction on the Legislative Yuan’s new powers.
At Thursday’s hearing, the Lai administration, the DPP, and a litigant from the Control Yuan argued their case for maintaining the provisional injunction over the expanded legislative powers while the matter is under constitutional review, reported CNA. Over the course of three hours, representatives from both sides were able to present arguments for and against the necessity of the injunction as well as the constitutionality of the new amendments.
The DPP has argued that the expanded powers, which provide lawmakers with the ability to form investigative committees with subpoena power, exceed the constitutional role of the legislature and intrude upon the responsibilities of the Control Yuan. The DPP caucus has also said the legislation was not properly introduced and discussed, thereby damaging the country’s democratic process.
Petitioners say the new amendments violate the separation of powers of government and will make it difficult for separate branches to function properly. There are also concerns that individuals nominated to assist with forming or managing committees could possibly gain access to confidential documents that could jeopardize national security.
The amendments in question also give the Legislative Yuan the ability to call on the president to make a state of the nation address at the legislature and take questions from lawmakers. The government believes these measures and others undermine the rights of the president and the Executive Yuan.
Meanwhile, representatives from the Legislative Yuan said that the amendments represent an effort to strengthen the sovereignty of the public and hold the government accountable. Lawyers representing the KMT and TPP argued the injunction should be lifted since the legislation was voted on in accordance with legislative procedures outlined in the constitution.
In defense of the expanded powers, the Legislative Yuan said the legislation is clear and the ability to form investigative committees is a power common to most legislatures in republics throughout the world. They argued the new powers do not allow the legislature to usurp authority from other branches of government as the petitioners believe.
After the arguments were completed, judges on the Constitutional Court said the parties to the case will have three days—until Saturday (July 13)—to submit any additional documents or materials relevant to their arguments. It’s expected the court will make an initial ruling on the temporary injunction next week before continuing the constitutional review of the legislation, per CNA.