Today’s weekly Cabinet meeting is to discuss whether to file for a constitutional interpretation of amendments to the Act Governing the Legislative Yuan’s Power (立法院職權行使法) and the Criminal Code, Minister without Portfolio Lin Ming-hsin (林明昕) said yesterday.
Lin made the remarks after both the Presidential Office and the Control Yuan announced earlier this week that they would file for a constitutional interpretation and an injunction against the amendments, which came into effect yesterday.
President William Lai (賴清德) on Monday said that the Presidential Office has asked for a constitutional interpretation to protect the people. The Control Yuan on Tuesday said that the amendments infringed on its constitutional rights of inquiry.
Photo: CNA
A separate source in the Executive Yuan said it publicly expressed its thoughts on the amendments when it petitioned the legislature to convene another vote on the amendments.
Premier Cho Jung-tai (卓榮泰) on Wednesday last week said at the legislature in Taipei that the original review of the amendments contravened democratic principles, risked being unconstitutional, could infringe on people’s fundamental rights and challenged the doctrine of the separation of powers.
The source said that if the Cabinet handles the issue, it would be in the form of an interim motion, or Cho would issue a “reminder” for the Executive Yuan to file for a constitutional interpretation on the amendments.
Separately, Democratic Progressive Party (DPP) caucus secretary-general Rosalia Wu (吳思瑤) said the DPP caucus is also filing a petition with the Constitutional Court for a constitutional interpretation of the amendments and an injunction.
DPP caucus whip Ker Chien-ming (柯建銘) said this was “the crucial hour” to defend democracy and the rule of law.
Ker said that he hoped this instance of two government organs, the Presidential Office and a political party, jointly tendering a request for a constitutional interpretation would be the nation’s first and last.
Ker accused the Chinese Nationalist Party (KMT) and the Taiwan People’s Party (TPP) of violating the Constitution and attempting to place the legislative branch over the other branches of government.
Wu said the amendment passed was not the version that the public wanted and was, instead, a blatant expansion of legislative power that was heavily critiqued by the public.
Lawyer Chen Peng-kuang (陳鵬光) said that if the Constitutional Court approves a temporary injunction, it would protect the constitutional system and people’s fundamental rights.
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