The Cabinet yesterday formally filed for a constitutional interpretation and temporary injunction with the Constitutional Court on newly enacted legislative reform laws, and said that the premier would be cautious when appearing before the legislature today.
Executive Yuan Legal Affairs Committee Chairwoman Chen Shu-fei (沈淑妃) and attorney Lee Chuan-he (李荃和) delivered the government’s petition to the Constitutional Court at 2:40pm yesterday.
The constitutional challenge targeted amendments to the Act Governing the Legislative Yuan’s Power (立法院職權行使法) and the Criminal Code, which went into effect on Tuesday after lawmakers overrode the Cabinet’s motion for reconsideration in a party-line vote.
Photo: CNA
Premier Cho Jung-tai (卓榮泰) gave the order to initiate a legal challenge to the laws, citing “clear and grave” concerns with their constitutionality, Executive Yuan spokesman Chen Shih-kai (陳世凱) told a news conference held following yesterday’s Cabinet meeting.
The legislative reform laws would expand the Legislative Yuan’s power to conduct investigations, including imposing fines on private citizens and jail time for officials who hold the legislature in contempt.
In the premier’s view, the amendments contravene the nation’s democratic and republican constitutional order, the mandate on the separation of powers, basic human rights protections, due process, and the legal doctrines of proportionality and clarity, he said.
The Executive Yuan must move to invoke its right to request that the nation’s highest court strike down unconstitutional laws under Article 47 of the Constitutional Court Procedure Act (憲法訴訟法), Chen paraphrased Cho as saying.
The Cabinet also requested that the court issue a temporary injunction against the laws to prevent the potentially grievous harm they could cause to justice and human rights, he said.
The Executive Yuan has strategized on the appropriate protocols to follow to avoid running afoul of the new laws ahead of Cho’s appearance at a question-and-answer session at the legislature today, Chen said.
The Cabinet is hopeful that the Constitutional Court would grant an injunction and reach a decision before the court order’s six-month time limit is exceeded, he said.
Minister Without Portfolio Lin Ming-hsin (林明昕) said opposition lawmakers were not likely to seek an escalation at this time and that the nebulous definition of “counterquestion” gave officials sufficient room for maneuver to avoid conflict.
The Democratic Progressive Party on Wednesday separately filed a petition for a constitutional interpretation and injunction against the laws, while the Presidential Office said that it would send its petition at 9:30am today.
The Control Yuan has yet to lodge its challenge to the laws, but was expected to do so soon after concluding an internal discussion on the matter.
A legal expert speaking on condition of anonymity said that the court is likely to consolidate the disparate challenges into one case to expedite the process.
The court is “highly likely” to issue an injunction “as soon as possible,” probably by the beginning of next month, they said, adding that it would be effective for six months.
Additional reporting by Yang Kuo-wen
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