KMT: Premier Cho's Refusal to Endorse Laws is Unconstitutional, Makes Him Enemy of Constitution

The Kuomintang (KMT) has strongly criticized Premier Cho Jung-tai's position on not endorsing legislation passed by the Legislative Yuan, labeling his actions as unconstitutional and a threat to the rule of law. KMT Culture and Communications Committee Chairman Chen Yi-hsin asserted on May 21 that the premier cannot arbitrarily declare a law unconstitutional. He questioned which article of the Republic of China Constitution grants the premier the authority to reject laws passed by the legislature through a simple refusal to endorse them.

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The most basic principle of a constitutional state is that government power must have a basis in law. People can do what is not prohibited by law, but the government can only do what is authorized by law. Your constitutional interpretation cannot be a source of power.

Chen emphasized that a fundamental principle of a constitutional state is that government power must have a legal basis. While citizens can do anything not prohibited by law, the government can only act when authorized by law. He argued that Cho's interpretation of the constitution cannot serve as a source of power. Chen pointed out that even the president, in times of national emergency, requires legislative approval for emergency decrees within 10 days, highlighting the strict limitations on executive power.

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Which article of the Republic of China Constitution authorizes the Premier to use 'non-endorsement' to veto laws passed by the Legislative Yuan?

Furthermore, Chen explained that the constitution already provides a remedy for the executive branch when it disagrees with a law passed by the legislature: a motion for reconsideration (覆議). If the executive branch finds a law difficult to implement, it can request reconsideration. However, the Additional Articles of the Constitution clearly state that if the Legislative Yuan upholds its original decision, the "Premier shall immediately accept the resolution." Chen accused Cho of misinterpreting "shall immediately accept" as "may refuse to endorse," effectively rewriting the constitution rather than interpreting it.

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Even the President, facing national emergencies, cannot bypass Congress... how can Premier Cho, with a single sentence 'I believe it is unconstitutional,' create a veto power over Congress that even the President does not have?

Chen concluded by dismissing Cho's claim of "dictatorship by the opposition" as ironic. He argued that Cho is not only elevating the endorsement power beyond the president's role to use it as a political weapon against the legislature but is also positioning himself as the sole arbiter and enforcer of constitutional validity. Chen stated that Cho, by claiming the power to accuse, judge, and reject laws as unconstitutional, has become an "executive dictator" who stands above the president, the Legislative Yuan, and the Judicial Yuan, making him the greatest enemy of the Republic of China Constitution.

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The constitution states 'shall immediately accept the resolution,' but you insist on interpreting it as 'can refuse endorsement.' This is not interpreting the constitution; it is rewriting it.