Taiwan Control Yuan nominee says the premier can refuse to countersign laws
A nominee for Taiwan's Control Yuan has publicly backed Premier Cho Jung-tai's refusal to countersign laws passed by the legislature, a boost for the ruling party and a setback for the opposition-controlled parliament.
- Soochow University law professor Hsu Yu-wei told lawmakers the premier clearly has the power to refuse to countersign a bill before the president signs it into law.
- Cho has used that refusal seven times in nine months, sparking a public feud with legislative speaker Han Kuo-yu and accusations from the KMT and TPP that he is breaking the constitution.
- Hsu's argument: the cabinet is the body that has to carry out laws, so it also has a duty to check whether they are constitutional — that is the balance the constitution is built on.
- He went further, saying anyone holding constitutional office, lawmakers included, can call something unconstitutional, though only the judiciary gets the final word.
- KMT legislator Huang Chien-pin pushed back, asking whether the cabinet is now overriding parliament, and questioned President Lai Ching-te's plans for cash handouts and child allowances that lack a legal basis or budget approval.
Outlook: The confirmation vote on the Control Yuan nominees is the next flashpoint, and the countersignature fight looks headed for the Constitutional Court.