The Taiwan Legislative Yuan, the island’s parliament, has passed controversial parliamentary reforms amidst substantial public and political scrutiny. On Tuesday, while 70,000 citizens congregated outside the legislative building to protest, the cabinet led by the ruling Democratic Progressive Party (DPP) announced that the legislation would be sent back to the Legislative Yuan for review due to concerns regarding the legislation’s passage and its ambiguous wording.
The reform package, spearheaded by the legislative majority comprising the Kuomintang (KMT) and the Taiwan People’s Party (TPP), aims to enhance checks and balances between the legislature and the executive. Notably, KMT leader Fu Kun-chi and TPP leader Ko Wen-je asserted that the reforms are crucial for legislative oversight and conformity with democratic norms. Ko underlined that the reforms had met procedural requirements, including two legislative committee reviews and a public hearing, supported by procedures like consultation among political parties.
The most contentious aspect of the reforms is a new provision in the Law Governing the Legislative Yuan’s Power. Critics, including DPP legislator Chuang Ching Cheng and Taipei City Council member Miao Poya, highlighted concerns that the changes might impede the legal representation for witnesses testifying in the legislature. Miao pointed out that this measure could clash with a previous constitutional court ruling mandating procedural safeguards for respondents subjected to legislative oversight.
A collective of 123 Taiwanese legal scholars issued a statement on May 27, contending that legislative oversight must align with principles of proportionality, legal certainty, and procedural justice, all of which the current reforms allegedly fail to meet. The scholars argued that the reforms encroach upon personal liberties, free speech, and privacy by compelling citizens to testify without granting them the option to refuse, urging a more thorough legislative review before finalizing the law.
President of the Executive Yuan, Cho Jung-tai, asserted that the final amendments would be subject to a re-evaluation upon submission to the Executive Yuan, pending the President’s approval. Should half of the legislature support the bill, it would stand as passed. Meanwhile, DPP Leader Ker Chien-ming emphasized that DPP lawmakers would utilize all procedural avenues to delay the legislative process. Ker also indicated plans to challenge the constitutionality of the reforms in the Constitutional Court under Article 49 of the Constitutional Court Procedural Act.
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