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🇹🇼 Taiwan /Elections & Politics

Lawyer Criticizes New Drone Law as Unconstitutional

From Liberty Times · () Chinese

Translated from Chinese and summarized by DistantNews. Read the original for the full story.

At a glance

News Sources not specified Outcome reported
  • Taiwan's legislature passed a KMT-led law on unmanned vehicles, allocating NT$240 billion over six years.
  • The law establishes a special committee for drone development, with committee members to be recommended by legislative caucuses.
  • A lawyer argues the law infringes on the executive branch's budgetary powers and the Ministry of National Defense's authority, calling it unconstitutional.

Taiwan's Legislative Yuan has passed a new law aimed at strengthening national defense and developing the unmanned vehicle industry, a move primarily spearheaded by the Kuomintang (KMT) party. The "Strengthening National Defense Autonomy and Unmanned Vehicle Industry Development Act" mandates the central government to allocate a total budget of NT$240 billion over six consecutive years, with an annual allocation of NT$40 billion as a principle.

The blue and white parties are truly experts in unconstitutionality. This drone law just passed is also unconstitutional.

— Lin Chih-chiangExpressing his strong disapproval of the newly passed unmanned vehicle law.

The legislation also establishes a "National Unmanned Vehicle Industry Development Strategy Special Committee" under the Executive Yuan. This committee is tasked with reviewing the development blueprint for the unmanned vehicle industry. Notably, the committee's composition will include not only government officials but also scholars and experts, with at least half of the members being experts. Crucially, these experts are to be appointed based on recommendations from the various legislative caucuses.

Budget allocation is the constitutional power of the Executive Yuan. What should be budgeted each year is decided by the Executive Yuan. The Legislative Yuan cannot enact a law requiring an annual budget of 40 billion yuan for the next six years. That interferes with the constitutional power of the Executive Yuan to budget.

— Lin Chih-chiangExplaining his first reason for deeming the drone law unconstitutional, focusing on budgetary powers.

However, the law has drawn sharp criticism from lawyer Lin Chih-chiang, who argues it is unconstitutional on multiple grounds. He contends that the legislature cannot dictate budgetary allocations for future years, as this power rests with the Executive Yuan. Lin also questions the provision for legislative caucuses to recommend members for a committee overseeing national defense matters, asserting that such responsibilities should primarily lie with the Ministry of National Defense and the Executive Yuan.

National defense affairs should be led by the Ministry of National Defense. Why would the legislative caucuses recommend people to decide national defense affairs? Is this not unconstitutional, what is?

— Lin Chih-chiangQuestioning the role of legislative caucuses in appointing individuals to decide on national defense matters.

Lin Chih-chiang urged the Premier not to endorse the law, deeming it a severe constitutional violation. He believes the KMT and other parties have acted as "experts in unconstitutionality" with this legislation, calling for the Executive Yuan to reject it and for the proponents to seek recourse through the Constitutional Court if they disagree.

Such a seriously unconstitutional law, the Premier should not sign it. Let the blue and white parties find the Constitutional Court to complain.

— Lin Chih-chiangUrging the Premier to reject the law and suggesting the proponents take their case to the Constitutional Court.
About this summary

Originally published by Liberty Times in Chinese. Translated, summarized, and contextualized automatically by DistantNews, with a note on how the source frames the story. Not individually reviewed before publishing. How this works.

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