Sat, Mar 09, 2024 page8

• Legislature vs Cabinet: an equal relationship

  • By Huang Di-ying 黃帝穎
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  On Friday last week, Chinese Nationalist Party (KMT) Legislator-at-large Weng Hsiao-ling (翁曉玲) participated in her first question-and-answer session at the Legislative Yuan.

  When questioning Premier Chen Chien-jen (陳建仁), Weng — who holds a doctorate in law — claimed that such questioning was a “top-down” (上對下) relationship.

  BALANCED GOVERNMENT

  Legally, at least three constitutional interpretations clearly state that the legislative body is not superior to the executive body, and that the nation’s constitutional principle of separation of powers implies mutual respect, as well as checks and balances among the government branches.

  Thus, there is no such thing as a superior-to-subordinate relationship between these bodies.

  To prevent the legislator from confusing public opinion, this article has compiled a list of the grand justices’ constitutional interpretations on the Legislative Yuan and the principle of separation of powers so as to teach the KMT a lesson on the rule of law:

  ‧ Interpretation No. 585: “Under the principles of separation of powers and checks and balances, the scope of the targets or matters subject to the Legislative Yuan’s investigative power does not grow unchecked. The matters to be investigated by the Legislative Yuan must be substantially related to the exercise of its powers under the Constitution. And, in addition, whenever a matter is related to the independent exercise of powers by an organ of the State that is guaranteed by the Constitution, the Legislative Yuan may not extend its investigative power to such a matter.”

  “Furthermore, an executive chief, by the authority inherent in his or her executive powers, is entitled to decide not to make public any information that may affect or interfere with the effective operation of the executive branch. This is an executive privilege intrinsic to the executive power,” it says.

  ‧ Interpretation No. 729: “The Prosecution represents the State to investigate and prosecute crimes. Based on the principles of Separation of Powers and of Checks and Balances, and in order to protect the Prosecution’s right to independently exercise its powers, the Legislative Yuan shall not request relevant files in cases pending the Prosecution’s investigation.”

  ‧ Interpretation No. 613: “The checks and balances as imposed by the legislative power on the executive power in respect of the power to decide on the personnel affairs for an independent agency ... The legislators are free to a certain extent to formulate the rules. Yet there should be no encroachment upon the core areas of the executive power, nor any restriction of the exercise of the Executive Yuan’s power.”

  “Accordingly, the aforesaid provisions, in substantially depriving the Executive Yuan of virtually all its power to decide on specific personnel affairs in respect of the members of the NCC [National Communications Commission], are in conflict with the constitutional principle of politics of accountability and are contrary to the principle of separation of powers, since they lead to apparent imbalance between the executive and legislative powers,” it further says.

  MUTUAL RESPECT

  In short, although lawmakers have the power to make laws, the legislative power may not infringe upon the core areas of the executive power, or it is unconstitutional and invalid.

  Legislators and officials are definitely not in a “top-down” relationship.

  Huang Di-ying is a lawyer.

  Translated by Eddy Chang
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