2024 Taiwanese constitutional controversy: Difference between revisions

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{{see also|Contempt of parliament#Taiwan}}
The bills contain fines & imprisonments liability<ref name="TaipeiTimesMay292024">{{cite news |title=KMT, TPP pass controversial measures |url=https://www.taipeitimes.com/News/front/archives/2024/05/29/2003818549 |date=29 May 2024 |access-date=29 May 2024 |series=[[Taipei Times]] | quote=...DPP vowed to seek a constitutional interpretation...Legislative Yuan yesterday passed bills...They also criminalize contempt of the legislature by government officials, and made changes to the Criminal Code that would impose a fine of up to NT$200,000 and jail time of up to one year for public officials who lie during a legislative hearing...The DPP has pledged to seek a constitutional review. "There will be two violations of the Constitution," DPP caucus whip Ker Chien-ming (柯建銘) said on Monday, adding that they were procedural and substantive contraventions. | archive-url=https://web.archive.org/web/20240529025121/https://www.taipeitimes.com/News/front/archives/2024/05/29/2003818549 | archive-date=29 May 2024 |url-status=live}}</ref> for what the bills termed ''contempt of the legislature'' (藐視國會罪). There is no [[Right to a fair trial#Fair trial rights|right to legal counsel]] free from [[Speaker of the Legislative Yuan|legislative speaker's]] permission.<ref name="TaipeiTimesMay262024">{{cite news |last1=Chung |first1=Jake |title=Foundation urges halt to proposed amendments |url=https://www.taipeitimes.com/News/taiwan/archives/2024/05/26/2003818420 |date=26 May 2024 |access-date=28 May 2024 |agency=[[Central News Agency (Taiwan)]] |series=[[Taipei Times]] | quote=Judicial Reform Foundation yesterday urged...halt the Legislative Yuan proceedings immediately on the grounds that...could be illegal and unconstitutional...Amendments regarding powers of inquiry were too vague, failing to provide legal bases for procedures summoning individuals to give testimony, it said, adding that the amendments regarding an individual refusing to testify were also vague. Amendments that said individuals attending a testimony hearing could ask for, per agreement of the Legislative Speaker, legal counsel or professional aid was procedurally flawed and infringed on a person's right to legal representation... | archive-url=https://web.archive.org/web/20240525165241/https://www.taipeitimes.com/News/taiwan/archives/2024/05/26/2003818420 | archive-date=25 May 2024 |url-status=live}}</ref> The bill also allows mandatory summons to anyone to attend legislature hearings, in addition to governmental and public officials, and are subjected to the controversial clauses too.<ref>{{cite news |last1=Hsiao |first1=Alison |title=Highlights of disputed 'parliamentary reform bills' |url=https://focustaiwan.tw/politics/202405170023 |date=17 May 2024 |access-date=31 May 2024 |agency=[[Central News Agency (Taiwan)]] |publisher=[[Focus Taiwan]] | quote=...convene investigatory committees and hearings that can summon those involved in various matters to provide testimony and materials. In addition, the scope of those subject to such a summons would also be expanded to include private entities. Those who refuse, procrastinate, conceal, or provide false statements to the Legislature's demand for an investigation, questioning, and access to documents would be fined or dealt with... | archive-url=https://web.archive.org/web/20240517154806/https://focustaiwan.tw/politics/202405170023 | archive-date=17 May 2024 |url-status=live}}</ref> A motion to charge individuals for offenses that are liable for fines requires 6 legislators to propose, which then requires a majority vote of the whole legislature to take effect.<ref>{{cite news |first1=婉淳 |last1=趙 | title=立院職權修法 學者憂虛偽陳述罰鍰恐淪政治決定 |url=https://www.rti.org.tw/news/view/id/2207721 |date=5 May 2024 |access-date=31 May 2024 |agency=[[Radio Taiwan International]] | lang=zh-TW | quote=...出席聽證會的政府人員證言為虛偽陳述者,由主席或質詢委員提議,出席委員5人以上連署或附議,經院會決議,移送彈劾或懲戒,並依法追訴其刑事責任。 | archive-url=https://web.archive.org/web/20240610113843/https://www.rti.org.tw/news/view/id/2207721 | archive-date=10 June 2024 |url-status=live}}</ref> Some clauses in these bills are [[Vagueness#Legal_principle|defined vaguely]].<ref name="TaipeiTimesMay262024"/><ref>{{cite news |last1=Hsiao |first1=Alison | title=Several legislative reform amendments pass 2nd reading |url=https://focustaiwan.tw/politics/202405210026 |date=21 May 2024 |access-date=31 May 2024 |publisher=[[Central News Agency (Taiwan)]] |series=[[Focus Taiwan]] | quote=The amendment aims to place tighter restrictions on those questioned in the Legislature, stating that they cannot "reverse-question," without defining the term. | archive-url=https://web.archive.org/web/20240521210708/https://focustaiwan.tw/politics/202405210026 | archive-date=21 May 2024 |url-status=live}}</ref><ref name="DiplomatMay222024">{{cite news |last1=Hioe |first1=Brian |title=Tens of Thousands Protest Bill to Expand Legislative Power in Taiwan |url=https://thediplomat.com/2024/05/tens-of-thousands-protest-bill-to-expand-legislative-power-in-taiwan/ |date=22 May 2024 |access-date=28 May 2024 |agency=[[The Diplomat]]| quote=A move by the KMT and its ally, the TPP, to quickly pass the controversial bill...Moreover, they would not be allowed to "reverse-question," an unclearly defined term that probably refers to some manner of speaking back against questioning, which would be punished by a fine of 200,000 Taiwanese dollars...| archive-url=https://web.archive.org/web/20240521210748/https://thediplomat.com/2024/05/tens-of-thousands-protest-bill-to-expand-legislative-power-in-taiwan/ | archive-date=21 May 2024 |url-status=live}}</ref>
 
In July 2024, KMT and TPP legislators first used the bill's new powers to launch a task force investigating the [[National Communications Commission]] for approving [[Mirror Media#Television|Mirror TV]], alleging that it the process was subject to inappropriate government influence. The DPP alleged that the probe was improper due to previous investigative efforts, which Mirror Media complained were disproportionate compared to the approval process that other channels had.<ref>{{cite web|access-date=2024-07-06|title=KMT, TPP launch NCC task force - Taipei Times|url=https://www.taipeitimes.com/News/taiwan/archives/2024/07/04/2003820313|date=4 July 2024|website=www.taipeitimes.com}}</ref>
 
==Timeline==
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===After May 28===
After bills passed, the Executive Yuan filed a reconsideration request to the Legislative Yuan on Jane 6; the Legislative Yuan rejected the request on Jane 21.<ref>{{cite web |author1=Lin Ching-yin |title=Legislature votes down Cabinet's reconsideration request |url=https://focustaiwan.tw/politics/202406210012 |website=Focus Taiwan |access-date=2024-07-03 |date=2024-06-21 }}</ref> After the rejection, the DPP legislative caucus, President Lai, the Executive Yuan, and the Control Yuan filed a joint [[constitutional review]] to the Constitutional Court. The Constitutional Court hold the first hearing on July 3.<ref>{{cite web |author=Lin Chang-shun |title=Constitutional Court to hear injunction case on oversight laws |url=https://focustaiwan.tw/politics/202407030007 |website=Focus Taiwan |access-date=2024-07-03 |date=2024-07-03}}</ref> On
 
==International reactions==