Taiwanese President to Ask Constitutional Court to Review Controversial New Law

Taiwanese President Lai Ching-te delivers his inaugural speech after being sworn into office during the inauguration ceremony at the Presidential Office Building in Taipei, Taiwan, on May 20, 2024. (Sam Yeh/AFP via Getty Images)

Taiwan’s president will ask the country’s constitutional court to interpret controversial parliamentary reform measures that grant the legislative branch more powers, he announced on June 24.

In his first press conference since taking office last month, President Lai Ching-te said he has signed the legislation into law but would challenge it by seeking a ruling from Taiwan’s highest court.

Unlike the president in some other governmental systems, Taiwan’s president does not have the power to veto legislation.

“Given that there are concerns about the recent amendments being unconstitutional, concerns that they confound constitutional provisions on the separation of powers and those on checks and balances, it is incumbent upon me to perform my duties as president and take action,” Mr. Lai said.

“I have decided to petition the constitutional court ... to rule on the constitutionality and legitimacy of the recent amendments.”

Mr. Lai said that his decision “reflects the expectations of the people” and that he believes public discussions and debates during this political process will make the island’s “democratic society even more mature.”

“The historic moment to defend the constitutional structure of free democracy is now,” he said.

He also said he would petition for a preliminary injunction, which would delay the law from being enforced while it is being reviewed by the court.

Taiwan’s legislative branch, the Legislative Yuan, rejected Mr. Lai’s request to reconsider the amendments with a decisive 62 votes on June 21 in Taiwan’s 113-seat Parliament.

The Legislative Yuan passed the contested bills last month.

Controversial Bills

Although Mr. Lai’s pro-independence Democratic Progressive Party (DPP) won the presidency in January, the DPP lost its majority in Parliament. The main opposition party, the Kuomintang (KMT), also known as the Nationalist Party, along with its Taiwan People’s Party allies, pushed the bills through late last month.

The bills aim to strengthen legislative oversight of the executive branch. They include provisions for expanded investigative authority, requiring the president to give regular reports to Parliament and introduce criminal penalties for government officials who show contempt for the Legislature.

Notably, the amendments would have mandated the president’s annual State of the Nation address and allowed parliamentarians to summon the military, private companies, or individuals to disclose relevant information.

The KMT stated that the bills would increase oversight of the presidency, while the DPP stated that they constitute a power grab that undermines the country’s democratic structure.

During his press conference, Mr. Lai said the bills “risk compromising the constitutional principle of separation of powers, as well as that of checks and balances.”

Mr. Lai also raised concerns that the law would undermine Taiwan’s global competitiveness, as foreign investors worry that it would give lawmakers subpoena power over private companies.

“The new investigative power has been extended to the military, private entities, and relevant members of society, and we’ve received a lot of international concerns from companies and foreign chambers of commerce,” Mr. Lai said.

“They are worried that if the law is implemented, companies’ commercial secrets will not be protected, thereby affecting foreign investment and Taiwan’s international competitiveness in the future.”

The DPP caucus has also indicated that it would seek a ruling from the constitutional court regarding the outcome.

Protests

The contentious bill has sparked widespread protests, with thousands gathering outside the Legislative Yuan in Taipei and in other cities, as well as overseas, to condemn both the amendments and how they were pushed through.

The DPP, along with many of the protesters, has repeatedly accused the KMT of being in league with Beijing in trying to ram through the legislation. Several senior KMT leaders have visited China this year in what the party says is an effort to keep open lines of communication.

The KMT strongly denies being pro-Beijing and says the parliamentary reforms are meant to improve government accountability.

The divisions between the new DPP government and the opposition KMT arise at a time when Taiwan has to focus on its defense in response to Beijing’s growing military aggression around the island.

Last month, the Chinese military launched two-day exercises around Taiwan in response to the inauguration of President Lai Ching-te, whom Beijing labels as a “dangerous separatist,” and rejected his repeated calls for talks.

Mr. Lai, who has dismissed Beijing’s sovereignty claims over Taiwan, accused Beijing of committing unfair trade practices against the island nation before the election last year, which he called an “undermining of Taiwan’s democracy.”

Beijing’s military aggression against Taiwan has intensified in recent years; military aircraft and vessels have been deployed close to the island almost daily. Taiwan’s defense ministry reported that more than 1,700 warplanes entered the island’s air defense zone last year.

Chinese leader Xi Jinping has vowed to achieve the “reunification” of Taiwan, which the Chinese communist regime has never ruled. He has explicitly stated his willingness to use force to achieve this goal.

Reuters and The Associated Press contributed to this report.