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Taiwan’s Top Court Rejects Key Laws Expanding Legislative Powers

Lai Ching-te Photographer: An Rong Xu/Bloomberg (An Rong Xu/Bloomberg)

(Bloomberg) -- Taiwan’s top court ruled that key legal changes expanding the powers of legislators were unconstitutional, a decision that will likely make it easier for President Lai Ching-te to govern the archipelago at the center of China-US tensions.

The court ruled that the legislative branch does not have the power to summon the president to deliver a State of the Nation address or submit to questioning from lawmakers. The judges also said there are limits to the information the Legislature can request from officials and private individuals. 

“The Legislature does not have the authority to dictate the content of the State of the Nation address, nor does it have the power to probe the president regarding the content of the address, require the president to respond, or request the president to consider recommendations from the Legislature,” the Chief Justice Hsu Tzong-li said at the constitutional court on Friday.

The ruling means that Lai’s government won’t have to deal with the opposition-controlled Legislature opening a slew of probes into its activities. Supporters of Lai’s party also worried the inquiries would impair efforts to upgrade Taiwan’s defenses.

Had the legal amendments been allowed, individuals could have been subjected to fines and criminal punishment if they had refused to answer questions and were found to be in contempt of the legislature.

Shortly after Lai took office in May, backers of the governing Democratic Progressive Party held some of the largest protests in years in the democracy of 23 million people to show their anger at changes sought by the Kuomintang.

The DPP fought the changes, saying they would undermine the constitution and disrupt government, and asked the Constitutional Court to intervene. The opposition KMT, China’s preferred negotiating partner in Taiwan, said the bill ushered in badly needed reforms. 

While the DPP kept the presidency in January’s elections, it lost its legislative majority and has been facing increasing challenges from the KMT and its allies.

Opposition lawmakers briefly started using their new powers in July, announcing a probe into the authorities’ role in granting a broadcasting permit to a new television station. The Constitutional Court later suspended use of the law while it conducted a review.

The court’s decision comes as Beijing has ramped up pressure on Lai. Last week it held military drills that practiced a blockade of the main island. 

China — which has pledged to bring the democratically ruled island under its control someday, by force if necessary — earlier removed tariff exemptions on some farm products from Taiwan, a move officials in Taipei said amounted to economic intimidation.

©2024 Bloomberg L.P.