TAIPEI (Taiwan News) — A new report from the Legislative Yuan’s Organic Laws and Statute Bureau has drawn strong criticism from the DPP and civil society groups after suggesting that Constitutional Court rulings are not binding on future legislative action.
Published Monday, the report argues that under the constitutional framework of separation of powers, no single branch of government holds absolute authority, per TVBS. It claims that while constitutional interpretations issued by the Judicial Yuan are binding in specific cases, they do not necessarily constrain the legislature when passing new laws.
The report further states that while court rulings can serve as important references, they are not legally binding for future legislative acts.
Citizen Congress Watch Executive Director Leo Chang (張宏林) denounced the report, saying it reflects a move by the KMT and TPP to expand legislative power at the expense of the executive branch, per Liberty Times. He accused the bureau of paving the way for political overreach by undermining constitutional review.
DPP Legislative Caucus Secretary-General Wu Szu-yao (吳思瑤) strongly objected to the report’s conclusion, citing Article 78 of the Constitution, which grants the Judicial Yuan authority to interpret the Constitution and unify the interpretation of laws, per ETtoday. She also referenced Constitutional Interpretation No. 185, which affirms the binding nature of such rulings on all branches and individuals.
Wu criticized the report for relying on what she described as legally unsound interpretations from scholars aligned with the KMT. She further condemned the bureau’s stance as legally flawed and politically motivated.
Legislative Speaker Han Kuo-yu (韓國瑜) promoted Kuo Ming-chen (郭明政), considered an ally of Secretary-General Chou Wan-lai (周萬來), to lead the Organic Laws and Statute Bureau in 2024, per UDN. The DPP has repeatedly accused Han, Kuo, and Chou of political bias and has suggested that Chou and Kuo could be investigated by the Control Yuan for potential misconduct, per Liberty Times.
