President of the Republic of China, Tsai Ing-wen, delivered a speech today regarding the amendment of the Legislative Yuan’s powers, stating, “We oppose expanding the legislature’s powers, not reforming the parliament.” He has signed and publicized the bill in accordance with the constitution. However, in order to safeguard the constitutional order and protect the rights of the people, he will petition the Constitutional Court for a constitutional interpretation and temporary injunction.
The Executive Yuan of the Republic of China believes that the amendment regarding the Legislative Yuan’s powers is impractical. After submitting a request for reconsideration on the 6th, it was approved by President Tsai Ing-wen on the 11th and forwarded to the Legislative Yuan for reconsideration. The Legislative Yuan convened its full committee on the 19th and 20th, inviting Premier Su Tseng-chang to explain the reconsideration proposal, with representatives from each party asking questions. On the 21st, the Legislative Yuan held a session to handle the reconsideration of the legislature’s powers, voting by name to reject the two reconsideration bills concerning the exercise of legislative powers and the penal code.
President Tsai Ing-wen emphasized in a speech at the Presidential Office that “We oppose expanding the legislature’s powers, not reforming the parliament.” While advocating for parliamentary reform, it should not arbitrarily expand its powers. The reform of the parliament should be legal and constitutional. Particularly, the Legislative Yuan’s investigative power should not encroach on judicial and supervisory rights. Moreover, it should not violate people’s fundamental rights such as privacy, trade secrets, and freedom of expression not intended to be disclosed.
President Tsai Ing-wen stressed that the president is the guardian of a free, democratic constitutional order. As the amendment raises constitutional concerns and confuses the constitutional provisions related to the separation of powers and checks and balances, he has a duty to act. The decision to petition the Constitutional Court today is to confirm the constitutionality and legitimacy of the amendment through judicial review, fulfilling his responsibility to the nation, history, and citizens. He hopes that all compatriots can work together to safeguard the country’s constitutional system, deepen Taiwan’s democracy, and ensure the sustainable development of Taiwan’s democracy.
A month ago, I was sworn in as president and pledged to uphold the constitution and perform my duties faithfully.
Therefore, regarding the third reading passage of the “Legislative Yuan Exercise of Powers Act” and amendments to the “Criminal Code of the Republic of China” by the Legislative Yuan, I have signed them earlier following constitutional provisions and will announce the bills today.
However, the amendment this time by the Legislative Yuan, besides raising social concerns during the deliberation process, poses a risk to the constitutional principles of the separation of powers and checks and balances.
Just now, Lawyer Hong has explained the reasons for filing a constitutional petition to you all. I want to report to all citizens that ensuring the protection of the constitutional system of a free democracy and safeguarding people’s rights is the responsibility and mission of the president.
The core spirit of a free democratic constitutional system is the separation of powers, checks and balances, and the protection of human rights. Powers should be independent and mutually respectful based on the constitution, and checks and balances should be in line with constitutional responsibility and political system design.
Therefore, I emphasize that we oppose expanding the legislature’s powers, not reforming the parliament. While advocating for parliamentary reform, it should not arbitrarily expand its powers. The reform of the parliament should be legal and constitutional.
In particular, the provisions in the Legislative Yuan’s exercise of powers regarding questioning, investigation, and hearings also raise constitutional controversies. However, due to the constitutional litigation law’s relevant provisions, it may be challenging for the president to file a constitutional lawsuit from the perspective of a constitutional institution. Nevertheless, we also urge the Constitutional Court to consolidate and review the opinions if other constitutional institutions file constitutional lawsuits, allowing everyone’s views to be considered by the Constitutional Court.
In conclusion, considering the imminent expiration of the 13th Examination Yuan’s Examination Committee’s term, the president’s nominations for the 14th Examination Yuan’s President and Vice President as well as Examination Committee members are already under Legislative Yuan review. If the Legislative Yuan reviews related personnel appointments based on the amended new provisions, it not only may infringe on the president’s right to form personnel but could eventually lead to the breakdown of the constitutional organs, violating the principle of organizational loyalty and impairing the state’s examination operations. Thus, while filing this case, we will also request the Constitutional Court to make appropriate temporary injunction rulings to prevent irreparable public harm caused by laws violating the constitution, to uphold Taiwan’s free democratic constitutional order.