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Taiwan court rules parts of parliament reforms unconstitutional in setback to opposition

FILE PHOTO: Legislators inside the Legislative Yuan in Taipei
October 25, 2024
Reuters - Reuters

TAIPEI (Reuters) - Taiwan's constitutional court ruled on Friday that key parts of contested parliament reforms pushed through by opposition parties are unconstitutional, dealing a blow to the opposition which had said it was trying to bring greater accountability.

Taiwan's cabinet in May asked the court to review legislation on the reforms that led to fighting in parliament and brought out tens of thousands of protesters, many of whom joined the ruling Democratic Progressive Party (DPP) in making accusations of Chinese interference.

Taiwan's main opposition party, the Kuomintang (KMT), had joined forces with the small Taiwan People's Party to push through the legislation, as together they have more seats in parliament than the DPP.

The opposition parties said the legislation was meant to give lawmakers greater scrutiny powers over the government and prevent malfeasance and corruption.

The DPP said it was rushed through without proper discussion and said China, which claims Taiwan as its own territory, was supporting the move as a way to undermine the government. The KMT said it was nonsense to suggest China was involved.

'CONSTITUTIONAL CRISIS'

The court, which had frozen the legislation pending its review, ruled that some key parts of it were invalid as it was against the constitution, and the way the legislation was passed had "flaws", judge Hsu Tzong-li said.

That included legislation that gave lawmakers the power to ask the military, private companies or individuals to disclose information deemed relevant by lawmakers.

The court also ruled that the legislation that gave lawmakers the power to criminalise contempt of parliament by government officials was against the constitution.

The court ruled that the president does not have an obligation to report to parliament at the request of lawmakers and take their questions, a major part of the legislation the opposition was pushing, but he can go if he chooses.

KMT caucus whip Lin Tzu-ming expressed "great sadness" at the decision, telling reporters the court had unfairly sided with the DPP.

"This is a very great constitutional crisis and a great disgrace to constitutionalism," he said. "Judicial independence is dead, and we must speak out."

While the DPP's Lai Ching-te won the presidency in January elections, his party lost its majority in parliament.

The ruling comes against the backdrop of broader tensions in parliament where the DPP has been trying to break a deadlock over next year's government budget proposal that encompasses everything from defence to healthcare.

(Reporting by Yimou Lee and Ben Blanchard; Editing by Andrew Heavens)

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