Lawyer Slams Opposition's 'Ostrich Constitutionalism' Over Executive Yuan's Non-endorsement of Child Act

A constitutional debate has erupted over the Executive Yuan's decision not to endorse the "Child and Youth Future Account Act," leading to a public exchange between Legislative Yuan Speaker Han Kuo-yu and Premier Cho Jung-tai. The controversy intensified when Kuomintang legislator Hung Tzu-yung questioned Premier Cho's constitutional understanding, asserting that the endorsement process is intended to check presidential power, not legislative authority.

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The blue and white camps' claim that Premier Cho's non-endorsement is to check President Lai clearly disregards constitutional practice and is detached from reality, constituting 'ostrich constitutionalism.'

Lawyer Huang Ti-ying strongly refuted the opposition's claims, labeling their interpretation as "ostrich constitutionalism" that disregards actual constitutional practice. Huang pointed to Hung Tzu-yung's past involvement in what he termed "unconstitutional precedents," suggesting her current stance on the endorsement issue is detached from reality. He argued that the Executive Yuan, as a constitutional body, has a "constitutional loyalty obligation" to safeguard democratic constitutionalism and social justice.

Huang emphasized that the Premier's refusal to endorse unconstitutional laws is a necessary legal measure to protect democratic governance. He cited instances where the opposition allegedly attempted to paralyze oversight bodies and push through laws that would benefit their party, such as decriminalizing legislator-claimed expenses and reclaiming funds. Huang stated that the Premier's action is a legitimate check on power, especially since the opposition, holding a legislative majority, could easily initiate a no-confidence vote if they disagreed.

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The Executive Yuan is a constitutional body, and the Premier, therefore, has a 'constitutional loyalty obligation' to safeguard democratic constitutionalism and social justice.

Huang concluded that the opposition's reluctance to trigger a no-confidence vote, coupled with their assertion that the Premier's non-endorsement is a check on President Lai, demonstrates a disregard for constitutional realities. He suggested their arguments are nonsensical and unnecessary, particularly during the "ghost month" period.

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The blue and white camps' fear of a no-confidence vote and subsequent dissolution of parliament, which would subject them to the latest public opinion, leads them to falsely claim that the Premier's non-endorsement is to check President Lai.