After a period of intense conjecture, Taiwan’s Constitutional Court overturned the bulk of the extended legislative authority that the Kuomintang (KMT) had been pursuing on October 25. The move was in response to the KMT’s recent regaining of control over Taiwan’s legislature, which sparked widespread protests known as the “Bluebird Movement” in May.
These protests, which rapidly escalated to involve around 100,000 individuals within a week, represented the country’s most significant public demonstrations since the 2014 Sunflower Movement. The Tsai administration is widely perceived to have taken office in 2016, propelled by the political momentum generated by this movement.
Concerns were raised that the KMT’s new powers could be used to target and persecute various individuals, including private citizens, government officials, corporate leaders, military personnel, and others, under the guise of legislative questioning.
The Constitutional Court’s decision will dismantle the investigative committees established by the KMT under their new powers. Furthermore, the court’s ruling prevents the imposition of fines or jail time on individuals who refuse or provide false testimony when questioned by the legislature.
Two investigative committees had been formed to probe the approval process for Mirror TV, the first new television channel to receive approval in over a decade, and the Tsai administration’s egg importation approach to combat egg shortages.
The KMT has portrayed the approval of Mirror TV as an effort by the ruling Democratic Progressive Party (DPP) to expedite the approval of a television network that politically supports them.
The egg import controversy revolves around the Tsai administration’s attempt to mitigate the escalating cost of eggs due to shortages in the summer of 2023. However, the issue sparked controversy when one supplier, Ultra Source, was reportedly permitted to import 88 million eggs despite having only NT$500,000 in total capital, suggesting potential corruption.
As part of its legislative overhaul, the KMT also sought to compel President Lai Ching-te to deliver a state of the nation address. However, this was seen as an extension of legislative power over the executive branch, defying the principle of separation of powers.
The dispute over legislative power is unlikely to abate with this ruling. The KMT, along with the Taiwan People’s Party (TPP), have acted to block the national budget for 2025. As a result, Premier Cho Jung-tai of the DPP has indicated that Taiwan’s Executive Yuan may seek a Constitutional Court interpretation over their actions.
In another development, the KMT is attempting to inhibit the Constitutional Court from interfering in its legislative expansion efforts.
The KMT is widely criticized for trying to strip powers from the executive and judicial branches and reassign them to the legislature, the only branch it currently dominates. The KMT has also suggested reviving the Special Investigation Division (SID), a now-defunct law enforcement branch previously used to investigate lawmaker corruption.
The KMT seems to favor altering the balance of power between government branches based on its current control of the legislature. However, the party may be overestimating public support for its actions. The KMT only holds a minimal majority in the legislature and has lost three consecutive presidential elections, indicating it may lack the popular mandate to enact sweeping, potentially permanent changes to Taiwan’s governance system.
