July 10, 2024
At a hearing before the Constitutional Court, Democratic Progressive Party (DPP) attorney Chen Peng-kwang argued that recent amendments to the Law Governing the Legislative Yuan’s Power and the Criminal Code are unconstitutional. Chen asserted that these changes violate the principle of separation of powers and infringe upon individual rights.
The controversial amendments grant the Legislative Yuan new investigative powers, allowing it to impose fines or jail time on public officials who refuse to attend hearings, fail to provide requested information, or provide false information.
Kuomintang (KMT) legislator Weng Hsiao-ling opposed an injunction to halt the enforcement of these amendments. Weng argued that there was no urgent need for such a measure, given that the Legislature’s current session ends on July 16 and does not resume until September. She suggested it was unlikely that substantive actions based on the amendments would occur before the court ruled on their constitutionality.
Chen countered, emphasizing that opposition lawmakers planned to use the updated laws soon to investigate the Executive Yuan’s handling of the egg import scheme and the National Communication Commission’s license approval for Mirror TV. He warned that if the court denied the injunction, the damage from applying these controversial amendments could be substantial and wide-ranging, affecting both government agencies and the public.
According to the Constitutional Court Procedure Act, an injunction may be granted as a last resort to prevent the irreparable impairment of basic rights protected under the Constitution and public interest. Granting an injunction requires approval from more than half of the 15 Constitutional Court justices.
The court has no fixed timetable for deciding on the matter, and injunctions have been issued in only three cases in the country’s history. The DPP caucus, along with President Lai Ching-te, the Executive Yuan, and the Control Yuan, have also separately petitioned the Constitutional Court for a ruling on the constitutionality of the amendments passed by KMT and Taiwan People’s Party (TPP) lawmakers on May 28.
The Constitutional Court is expected to deliver a judgment on the amendments’ constitutionality within three months after oral arguments conclude, though this deadline may be extended by two months if necessary.