Shilin District Court Chief Judge Hung Ying-hua (洪英花) yesterday questioned President Tsai Ing-wen’s (蔡英文) nomination of former grand justice Hsu Tzong-li (許宗力) as Judicial Yuan president, saying a re-assumption of the position would contravene the Constitution.
At a news conference “to warn against nepotism in the nation’s judiciary,” Hung said that while Hsu upholds that the Constitution only stipulates that candidates cannot hold the position for two consecutive terms and does not explicitly prohibit re-assumption, “according to official documents regarding the Constitution-amending process [in 1997], what the Constitution means by ‘no consecutive terms’ is precisely ‘once in a lifetime.’”
The draft amendment used the examples of Germany and Italy to support the change that called for the injunction against consecutive terms, “and both German and Italian grand justices, with terms of 12 years and nine years respectively, are not allowed to be appointed for consecutive terms, which means no reappointments,” she said.
Hung also cited then-National Assembly member Thomas Peng (彭錦鵬) as saying during the amendment process that the reasoning behind the ban of serving consecutive terms was to “rule out the possibility of grand justices harboring the desire of reappointment, which would adversely affects their work of Constitution interpretation.”
Hung also quoted then-National Assembly member Yang Min-hua (楊敏華) as saying that the impossibility of consecutive terms would “prevent [grand justices] from hoping that they could enjoy a lifetime of prestige and prosperity, so that they would interpret the Constitution according to their true consciences.”
Keelung District Court Judge Chen Chih-hsiang (陳志祥) seconded Hung’s argument, saying that the 1997 constitutional amendments clearly state that: “Each grand justice of the Judicial Yuan shall serve a term of eight years, independent of the order of appointment to office, and shall not serve consecutive terms.”
Chen said the fact that “independent of the order of appointment” means that there should be no reappointment whatsoever regardless of whether there terms are consecutive or not.
Even if re-assumption of the office is practicable, “shouldn’t the interval be at least eight years instead of Hsu’s five years?” Chen asked, adding: “If five years is okay, how about five days?”
The third issue raised by Chen was that insofar as Hsu also acknowledged that there are concerns involving constitutionality over his reappointment, “the doubt of how [Hsu] could guide judicial reforms [pledged by the president] in the capacity of Judicial Yuan president therefore arises.”
Snow fell in the mountainous areas of northern, central and eastern Taiwan in the early hours of yesterday, as cold air currents moved south. In the northern municipality of Taoyuan, snow started falling at about 6am in Fusing District (復興), district head Su Tso-hsi (蘇佐璽) said. By 10am, Lalashan National Forest Recreation Area, as well as Hualing (華陵), Sanguang (三光) and Gaoyi (高義) boroughs had seen snowfall, Su said. In central Taiwan, Shei-Pa National Park in Miaoli County and Hehuanshan National Forest Recreation Area in Nantou County saw snowfall of 5cm and 6cm respectively, by 10am, staff at the parks said. It began snowing
Global bodies should stop excluding Taiwan for political reasons, President William Lai (賴清德) told Pope Francis in a letter, adding that he agrees war has no winners. The Vatican is one of only 12 countries to retain formal diplomatic ties with Taiwan, and Taipei has watched with concern efforts by Beijing and the Holy See to improve ties. In October, the Vatican and China extended an accord on the appointment of Catholic bishops in China for four years, pointing to a new level of trust between the two parties. Lai, writing to the pope in response to the pontiff’s message on Jan. 1’s
A Vietnamese migrant worker on Thursday won the NT$12 million (US$383,590) jackpot on a scratch-off lottery ticket she bought from a lottery shop in Changhua County’s Puyan Township (埔鹽), Taiwan Lottery Co said yesterday. The lottery winner, who is in her 30s and married, said she would continue to work in Taiwan and send her winnings to her family in Vietnam to improve their life. More Taiwanese and migrant workers have flocked to the lottery shop on Sec 2 of Jhangshuei Road (彰水路) to share in the luck. The shop owner, surnamed Chen (陳), said that his shop has been open for just
HOLIDAY EXERCISE: National forest recreation areas from north to south offer travelers a wide choice of sights to connect with nature and enjoy its benefits Hiking is a good way to improve one’s health, the Forestry and Nature Conservation Agency said, as it released a list of national forest recreation areas that travelers can visit during the Lunar New Year holiday. Taking a green shower of phytoncides in the woods could boost one’s immunity system and metabolism, agency Director-General Lin Hwa-ching (林華慶) cited a Japanese study as saying. For people visiting northern Taiwan, Lin recommended the Dongyanshan National Forest Recreation Area in Taoyuan’s Fusing District (復興). Once an important plantation in the north, Dongyanshan (東眼山) has a number of historic monuments, he said. The area is broadly covered by
RSS