Taiwan Speaker, Premier Clash Over Constitutional Powers

Taiwan's legislature and executive branches are locked in a public battle over constitutional interpretation, with Legislative Speaker Han Kuo-yu and Premier Cho Jung-tai trading barbs. The conflict erupted after the legislature passed the "Child and Youth Future Account Act" and amendments to the "Cable and Broadcasting Act." The executive branch refused to countersign these laws, prompting Han to criticize Premier Cho, stating, "No matter how great the executive power, it cannot be greater than the constitution." Cho responded by suggesting Han "forgot to properly read the constitution and budget law," escalating the public exchange. Critics, including the Economic Democracy Alliance, argue that the premier's right to refuse countersignature is a substantive discretionary power, not a mere formality. They contend that when the executive branch refuses to sign, it must bear political responsibility. Legal experts point out that Taiwan's constitutional system lacks the robust checks and balances found in presidential systems like the U.S., or the "vote of no confidence" mechanisms of typical parliamentary systems. In this context, the executive branch's refusal to countersign, though rare, is seen as a crucial tool for checking legislative power. The government has refused to countersign only a small number of controversial bills over the past nine months, indicating that this power has not been abused. Civil groups are calling on Han to demonstrate leadership by facilitating the appointment of grand justices and restoring the constitutional court. They argue that Han's one-sided criticism of the executive branch reveals a lack of understanding of constitutional operations and the separation of powers. By accusing the executive branch of unconstitutionality while allegedly enabling legislative dominance, Han is seen as undermining the very principles he claims to defend.

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No matter how great the executive power, it cannot be greater than the constitution.