[quote=“ac_dropout”]steve101,
This is the same Legislature that decided to pass the referendum. So I believe a number of unbelievable things can make it pass ROC Legislature.
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If you have reasons to believe that the referendum bill is unconstitutional or unreasonable, start a thread to spell out your reasonings. Otherwise it’s just irrelevant rants that has nothing to do with the topic nor proves any points. Not mentioning that the DDP/TSU has never gain the majority in the Legislature so I really wonders which side deserves more blame in Legislations. The version of the referendum law was proposed and passed through by the KMT. The only question was how it was used, but the KMT did not wish to challenge the constitutionality of such usage in court.
Under Lien’s leadership, the KMT refuse to negotiate anything rational within the Legislature, turned down the prior proposed statute from the green camp which was very favorable for the opposition, then forcefully rape through the Legislation with their majority. Once that’s got through, the only option left within the process is for an Executive review then the High Court hearing.
Since the Executive review is also turned down because of KMT’s advantage within Legislation, the only question left is what to do between now till the Constitutional hearing. Should the committee be funded? Should people obey the committee when or if they are summoned to a questioning?
As carson has pointed out that the blue camp had legislated into bestowing themselves the judiciary power to solve a political dispute. What’s more is that they had voted into granting themselves powers higher than our judiciary system. And if you read through this statute’s individual articles, you can realize what kind of effect it can have, even to the blue camp supporters, if the ruling party choose to enact it.
For example, we all know that any judicial investigations must be carried out in adherence to the Code of Criminal Procedure to protect human rights via legitimate legal procedures. But Article 8 of this statute says that the task force is not subject to nor restricted by any of these codes or any other laws. This clearly violates the rights for a fair trial and investigation.
Under Article 13, the statute also gives the task force the power to nullify court’s ruling. So instead of just having the investigative power, the task force can also act as the judge, these kinds of power is beyond any prosecutors. The task force also gives itself the power to limit the President or anyone else’s freedom to travel oversea under Article 8, even if such traveling is for official purposes. Normally only a judge can limit someone freedom to travel oversea and such judgments requires normal legal procedures, nor do I believe this Judiciary power applies to the President. This statute is not only trying to overturn all the laws and procedures, it also challenges everyone’s constitutionally protected freedom.
It is also a basic knowledge that under the Code of Criminal Procedure, the investigators can not just bust into someone’s house searching for evidences, simply based on their mere suspicions, that will be illegal and these obtained evidences can not be used during the trial. Under the law they will have to first obtain a search warrant from the court in order to make these actions legal. But the task force wish to bypass these kinds of regulations from what they declared in Article 8.
We know that when the police ask you to come for a questioning, you do not have to go nor answer any questions. They will then have to submit enough evidence to get a court order to make an arrest or detaining. Even when you are arrested, you still have the right to remain silent and the right to contact a lawyer. But again under Article 8, it says that the task force can question anyone or ask anyone for their cooperation without getting a court order. You do not have the right to remain silent to any of their questions or can be fined up to 1 million dollar, and such fine is repeatable. Simply put, anyone who is being questioned by such task force is not protected by any laws at all. We also know that the police can not force someone to take a lie detector (polygraph) test, nor are these results admissible at trial. The task force again wish to bypass these regulations, strip your from all your rights, then later used these illegally obtained statements against you.
Besides these violations and abuse of the Judiciary power, the committee also manage to give itself the power of Executive Yuan and Control Yuan. Usually the executive branch of the government draft and decides on the budget bills then sent it to the Legislative Yuan for approval and passage. The Legislative Yuan itself does not have the sole power to decide what budget to spend. But this task force can somehow decides on it’s own budget and supposedly this proposed budget does not need to the approval from the Legislative Yuan or anyone else, nor does the Legislative or Executive has the right to refuse it, nor is there a limit to it’s amount. I am assuming check and balances doesn’t need to exist.
We have a 5 branch government system and the Pan-Blue majority Legislative Yuan has basically declared itself to withhold all of power 4 branches out of 5. The only branch of government system that hadn’t breached yet is the Examination Yuan.
There is no way we can participate in such a committee. What if we were to fully utilize these article’s power against the Pan-Blue camp, arresting, fining, questioning, and abusing all of their protested members since that’s so conveniently (and supposedly) legal to do so under the statute? How then can the government let these kinds of actions get carried out at the blatant disregard of any individual rights?
Also, since it is almost guaranteed that the Grand Justices will overturn these statute, thereby makes these committee’s actions unconstitutional and also illegal. How then should the participating member’s actions be punished according to the law?
That’s great, they started it and get what they sow. It is perfectly legal for the Executive to refuse to fund such a institution.
It’s in their right to refuse to appoint anyone, it even says so in the articles. it is perfectly understandable that they wouldn’t want to do something that’s obvious illegal then later get prosecuted for.
To enact more statutes and laws such as this, they will have to go through the same legislative fiasco in the Legislative Yuan, showing their stupidities to the public as they loose more support. And their high time with the Legislation is about to end very soon, in about 2 month.
They might want to stall the hearing but they can’t stop it. Besides, what excuse they have to stalling the Constitutional hearing if they have confidence in the statue they passed? Wouldn’t that make their stance weaker and seemingly more contradictory?
Agreed, that’s why it should not be allowed to go through. The KMT members should learn to respect the laws, which they passed themselves, a little bit more.
