Brian Hioeby Brian Hioe
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Photo Credit: KMT/Facebook
THE CONSTITUTIONAL COURT struck down most of the legislative powers sought by the KMT following a ruling last Friday.
The powers would have allowed legislators to form committees to summon individuals for questioning. Individuals could be fined for refusing to comply or answer. Specific alarm was raised regarding that the powers would have allowed for fining individuals over the vaguely defined “contempt of the legislature.”
It was suggested by civil society advocates that the powers would be used by the KMT to target political opponents, to bankrupt them through fines. Similarly, the KMT seeking such powers could be used to coerce secrets out of individuals.
Members of government could be forced to reveal details of Taiwan’s defense program, at a time when there was already concern over KMT legislators such as defense committee co-chair Ma Wen-chun leaking secrets of Taiwan’s domestic submarine program to China and South Korea. To this extent, concerns were also raised about KMT legislators with business dealings using these legal measures to coerce trade secrets out of competitors.
The KMT had already formed investigative committees to look into egg purchases by the Tsai administration aimed at alleviating shortages in Taiwan as well as the approval of Mirror TV for broadcast. The latter move can largely be understood as political retribution over the DPP declining to approve the broadcast license of pan-Blue CtiTV, which faced allegations in the past of accepting funding from the Chinese government. Want Want Group-owned outlets such as CtiTV have faced accusations of directly allowing China’s Taiwan Affairs Office to have a say in the editorial slant of articles.
The new powers were struck down by the Constitutional Court, meaning that the committees formed by the legislature to investigate Mirror TV and egg purchases by the Tsai administration will be dissolved. The charge of contempt of the legislature was also struck down.
The KMT also sought to require the president to make a state of the nation address to the legislature. This likely was in the hopes that Lai would misspeak and his comments could be used for political ammunition. This requirement has also been struck down, though Lai has expressed a willingness to make such an address anyway.
It was expected that the Constitutional Court would rule in such a manner as to try and affirm its non-partisan basis, even if it was always likely that the powers would be struck down on the basis of infringing on the fundamental balance of powers. This can be seen in that the Constitutional Court affirmed that the legal process for approving the legislative powers was constitutional, even as the KMT and TPP faced allegations of violating due process in jumping committee review.
Photo credit: KMT/Facebook
The powers sought by the KMT were a reaction to the fact that the KMT is currently unable to win presidential elections. As such, the KMT has sought to strip away powers belonging to the executive and judiciary branches of government and to remand this to the legislature, the one branch of government that they control.
In the same timeframe, the KMT has sought to freeze the Constitutional Court with a number of justices set to retire this month. This would occur by requiring a minimum amount of justices to make majority rulings–if the KMT were to block any attempts by the Lai administration to appoint justices afterward, the Constitutional Court would be unable to make rulings. The KMT clearly fears the ability of the Constitutional Court to block its efforts to expand powers.
In this timeframe, the DPP has suggested that it may seek a Constitutional Court interpretation over efforts by the KMT to inveigh on the powers of the executive branch to draw up a budget, using the issue of compensation for Indigenous over land rights. The DPP has expressed willingness to compromise on the issue, even while pushing back against what is an attempt to increase legislative power over the executive.
The Constitutional Court may be called upon to make further rulings, then. Nevertheless, the KMT could be expected to cry foul, suggesting that the DPP controls the courts and so can influence the courts to make rulings in its favor. It can be expected that the KMT will continue with efforts to undermine the authority of the Constitutional Court.