I know this painting at New York's Whitney Museum has a name, but I prefer to call it "Speaker Han" (the photo is mine).
As an American, I see a lot of re-framing battles over basic rights re-framed as mere "differences of opinion" -- as though the rights and freedoms that are foundational to democracy are as subject to personal interpretation as, say, pizza toppings. I've seen blatant power grabs dismissed as as mundane, non-threatening policy platforms.
I was similarly dismayed to watch the KMT, handed the eensiest bit of power after eight years lost in the woods, engage in a similar power grab with its attempt to expand legislative powers -- dismayed, but not surprised. This is how the KMT are. It's in their party's DNA to consider themselves the rightful leaders for whom democracy is an annoying inconvenience.
If you're thinking this is also one of the hallmarks of fascist ideology, well, yes -- it is.
And yet, as in the US, the KMT's actions garnered a fair amount of defense, as though the majority coalition has the right to a naked power grab simply because they form a majority, and anything they do is just a different policy position. I watched TV news and various commentators deride the DPP for not understanding that they no longer control the legislature, as though they had no reason or right to oppose expanded legislative powers.
As it turns out, the Constitutional Court disagrees: most of the legislature's expanded powers were deemed unconstitutional.
Here's a quick summary of the ruling:
The president can give a "State of the Union" address -- which was always a non-binding right the president has had, so no surprise there. It's not typically done, although I've started thinking of the Double Ten speeches as performing a similar function, but it was always a possibility.
However, the legislature can neither compel the president to do so, nor demand a a specific time or date for such an address. They cannot require the president to undergo an immediate question-and-answer session.
Also kept intact was the legislature's right to conduct investigations. However, that was never really in question: in 2004, constitutional interpretation #585 outlined the investigative powers of the Legislative Yuan very clearly -- they have them, when such investigations pertain directly to matters under their purview.
If the legislature wants to investigate a matter already being investigated by the Control Yuan, they must "enter into negotiations" with the Control Yuan to do so, and cannot interfere with powers given to other branches of government.
Also thrown out was the idea of "contempt of the Legislature", which would have allowed the legislature to take on judicial powers, punishing anyone it found to be in "contempt" with fines. "Contempt" was poorly-defined, but included refusing to appear, refusing to answer questions (whether or not sensitive information such as matters of national security would be protected was left unclear), providing false answers (with the legislature again taking judicial powers to determine what would constitute a falsehood) or "counter-questioning".
Just about anyone could be called in for questioning, from government officials to military leaders to individuals. In theory, this included everyone in Taiwan. Quite possibly, it gave the legislators the right to drag in anyone they wanted, from TSMC C.C. Wei to a journalist whose writing they don't like, ask a bunch of questions, determine that several answers they didn't like were actually "false" and punish them with massive fines for each individual "falsehood".
Some might call this interpretation of the law 'fearmongering', but it really was that shoddily written, and the courts clearly agree.
That's all gone now, which means that investigations opened under these expanded powers, such as the egg import "scandal" (there is no scandal) and Mirror Media will likely have to be halted.
I feel kinda bad for people who defended these laws as something within the KMT and TPP's rights, simply because they'd done well in an election, or calling the DPP "authoritarian" for opposing it. You know, as though any law the government passes is ethics-neutral or is acceptable simply because it passed.
If the Constitutional Court says they never had the right to expand legislative powers, then they never had the right. Defending their power grab was foolish -- it amounted to defending unconstitutional actions. Bad look. Not demure, not mindful.
I was similarly dismayed to watch the KMT, handed the eensiest bit of power after eight years lost in the woods, engage in a similar power grab with its attempt to expand legislative powers -- dismayed, but not surprised. This is how the KMT are. It's in their party's DNA to consider themselves the rightful leaders for whom democracy is an annoying inconvenience.
If you're thinking this is also one of the hallmarks of fascist ideology, well, yes -- it is.
And yet, as in the US, the KMT's actions garnered a fair amount of defense, as though the majority coalition has the right to a naked power grab simply because they form a majority, and anything they do is just a different policy position. I watched TV news and various commentators deride the DPP for not understanding that they no longer control the legislature, as though they had no reason or right to oppose expanded legislative powers.
As it turns out, the Constitutional Court disagrees: most of the legislature's expanded powers were deemed unconstitutional.
Here's a quick summary of the ruling:
The president can give a "State of the Union" address -- which was always a non-binding right the president has had, so no surprise there. It's not typically done, although I've started thinking of the Double Ten speeches as performing a similar function, but it was always a possibility.
However, the legislature can neither compel the president to do so, nor demand a a specific time or date for such an address. They cannot require the president to undergo an immediate question-and-answer session.
Also kept intact was the legislature's right to conduct investigations. However, that was never really in question: in 2004, constitutional interpretation #585 outlined the investigative powers of the Legislative Yuan very clearly -- they have them, when such investigations pertain directly to matters under their purview.
If the legislature wants to investigate a matter already being investigated by the Control Yuan, they must "enter into negotiations" with the Control Yuan to do so, and cannot interfere with powers given to other branches of government.
Also thrown out was the idea of "contempt of the Legislature", which would have allowed the legislature to take on judicial powers, punishing anyone it found to be in "contempt" with fines. "Contempt" was poorly-defined, but included refusing to appear, refusing to answer questions (whether or not sensitive information such as matters of national security would be protected was left unclear), providing false answers (with the legislature again taking judicial powers to determine what would constitute a falsehood) or "counter-questioning".
Just about anyone could be called in for questioning, from government officials to military leaders to individuals. In theory, this included everyone in Taiwan. Quite possibly, it gave the legislators the right to drag in anyone they wanted, from TSMC C.C. Wei to a journalist whose writing they don't like, ask a bunch of questions, determine that several answers they didn't like were actually "false" and punish them with massive fines for each individual "falsehood".
Some might call this interpretation of the law 'fearmongering', but it really was that shoddily written, and the courts clearly agree.
That's all gone now, which means that investigations opened under these expanded powers, such as the egg import "scandal" (there is no scandal) and Mirror Media will likely have to be halted.
I feel kinda bad for people who defended these laws as something within the KMT and TPP's rights, simply because they'd done well in an election, or calling the DPP "authoritarian" for opposing it. You know, as though any law the government passes is ethics-neutral or is acceptable simply because it passed.
If the Constitutional Court says they never had the right to expand legislative powers, then they never had the right. Defending their power grab was foolish -- it amounted to defending unconstitutional actions. Bad look. Not demure, not mindful.
So, to everyone who insisted the KMT was acting within bounds and not going against the ROC constitution that they claim to hold so dear, I hate to say I told y....oh wait, no I don't. I freakin' love it. I told you so!
The DPP was right to put up a spectacular fight against it. On this matter, they were always right. That they are a legislative minority is irrelevant.
This specific battle seems to have been won, but it's unlikely that the fight is over. Back in September, the KMT began taking aim at the judicial system, first criticizing Lai's judicial appointees. Maybe I'm reading too much into this, but calling judges "thugs" sounded a bit like, "nice branch of government you got there. It'd be a shame if, say, the legislature mucked that up." In other words, "you'd better not find our expanded powers unconstitutional or we'll make life hard for you."
Since July, they've been trying to push through reforms to the constitutional court. This is important because without an executive veto, the primary check on the legislature is that very court. (Meaning criticisms that the executive branch has too much power in Taiwan show a fundamental misunderstanding of how the balancing act works).
These proposed changes would raise the number needed to reach a decision from half to two-thirds, based on the set number of 15 justices -- not the total number of incumbent justices (the actual number of sitting on the court may vary as judges step down or pass away). This would mean at least ten judges would need to be present to reach a decision, with seven in favor.
However, seven justices are set to step down soon, and there is no mechanism for temporary appointees or term extensions. New judges are approved by the Legislative Yuan (a process few disagree with). If seven out of fifteen justices are stepping down, that leaves eight, not ten. The constitutional court would at that point be unable to function.
All the legislature has to do is refuse to confirm Lai's judicial nominees, and blammo! The constitutional court cannot issue rulings, and the legislature essentially has no check on its power.
The Judicial Reform Foundation has pointed out that proposing such reforms in the midst of a bruising battle over the legislature expanding its own powers is itself threatening behavior -- if you stop us, we'll bind and gag you.
Like Americans who convince themselves that Trump's blatant fascism is just normal campaigning and Project 2025 wouldn't constitute a massive right-wing power grab, those who consider the Legislative Yuan's actions in Taiwan to be a part of normal democratic functioning are, well, deluded. And those who think the DPP are the power-grabbers are just full of themselves.
The DPP was right to put up a spectacular fight against it. On this matter, they were always right. That they are a legislative minority is irrelevant.
This specific battle seems to have been won, but it's unlikely that the fight is over. Back in September, the KMT began taking aim at the judicial system, first criticizing Lai's judicial appointees. Maybe I'm reading too much into this, but calling judges "thugs" sounded a bit like, "nice branch of government you got there. It'd be a shame if, say, the legislature mucked that up." In other words, "you'd better not find our expanded powers unconstitutional or we'll make life hard for you."
Since July, they've been trying to push through reforms to the constitutional court. This is important because without an executive veto, the primary check on the legislature is that very court. (Meaning criticisms that the executive branch has too much power in Taiwan show a fundamental misunderstanding of how the balancing act works).
These proposed changes would raise the number needed to reach a decision from half to two-thirds, based on the set number of 15 justices -- not the total number of incumbent justices (the actual number of sitting on the court may vary as judges step down or pass away). This would mean at least ten judges would need to be present to reach a decision, with seven in favor.
However, seven justices are set to step down soon, and there is no mechanism for temporary appointees or term extensions. New judges are approved by the Legislative Yuan (a process few disagree with). If seven out of fifteen justices are stepping down, that leaves eight, not ten. The constitutional court would at that point be unable to function.
All the legislature has to do is refuse to confirm Lai's judicial nominees, and blammo! The constitutional court cannot issue rulings, and the legislature essentially has no check on its power.
The Judicial Reform Foundation has pointed out that proposing such reforms in the midst of a bruising battle over the legislature expanding its own powers is itself threatening behavior -- if you stop us, we'll bind and gag you.
Like Americans who convince themselves that Trump's blatant fascism is just normal campaigning and Project 2025 wouldn't constitute a massive right-wing power grab, those who consider the Legislative Yuan's actions in Taiwan to be a part of normal democratic functioning are, well, deluded. And those who think the DPP are the power-grabbers are just full of themselves.
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