KMT legislator Weng Xiaoling. (File photo)
The Kuomintang group of the Legislative Yuan and Kuomintang legislator Weng Xiaoling respectively proposed two amendments to the referendum law: "Constitutional judgments can be referred to a referendum" and "Referendums assigned by the Legislative Yuan shall not be refused." They were listed as priority bills in the new session. In this regard, legislator Lin Junxian said that the "Draft Amendment to Article 15 of the Referendum Law" and the party group version of the "Draft Amendment to Articles 2 and 30 of the Referendum Law" proposed by Weng Xiaoling are ostensibly to promote the amendment of the law, but in fact they are hot and cold attempts to obtain political benefits in the year-end elections through political manipulation. The content of the relevant proposals is obviously very different from the general public's understanding of the spirit of the Constitution.
Lin Junxian posted on Facebook today to analyze the details of the proposal. Last year, the Central Election Commission rejected the KMT’s “anti-abolition” referendum. Of course, Weng Xiaoling could not accept it, so she domineeringly proposed the “Draft Amendment to Article 15 of the Referendum Law.” This draft has two amendments. One is to change the original provision of "the creation or review of major policies" to "the creation or review of important matters related to legislation and the creation or review of major policies." The other is to stipulate that "the competent authority shall not refuse to handle a referendum proposed by the Legislative Yuan on the creation or review of a case."
Please read on...
Lin Junxian believes that it is no wonder that this session is the priority draft, because in August this year, the Central Election Commission also rejected the blue and white referendums on "caning" and "traffic fines". In the eyes of the Kuomintang, the election will simply climb over the Legislative Yuan's head. How can it reject the Legislative Yuan's referendum? The reason for the rejection was that the two referendums did not qualify as "the creation or review of major policies."
Lin Junxian bluntly said, "So, the clever Mr. Weng added "important matters related to legislation" so that the Legislative Yuan can propose referendums on important matters related to legislation. As for what is "important matters related to legislation"? It is probably the legislator Mr. Weng who has the final say."
Lin Junxian went on to say that the "Draft Amendment to Articles 2 and 30 of the Referendum Act" is even more powerful. This draft advocates that the judgment of the Constitutional Court be included in the scope of referendum review (except for the impeachment cases of the president and vice president). "In other words, after the draft is passed, anyone can 'review' the decision of the Constitutional Court. If there is any doubt about the decision of the Constitutional Court, they can initiate a referendum to 'overturn' the decision."
Lin Junxian explained that the threshold for ordinary people to initiate a referendum is extremely high, and the most direct beneficiary after the revision of this draft is completed is the Legislative Yuan itself. Combining these two drafts, the future Legislative Yuan will be the "world's invincible Thunderbolt Court" that is larger than the Constitution. The competent authorities cannot veto the Legislative Yuan's referendum, and if they are dissatisfied with the justice's ruling, the Legislative Yuan can initiate a referendum at any time. In the end, the justices may even attach a referendum instruction sheet after writing their judgment to see if the Legislative Yuan needs it.
Lin Junxian finally said that since the Kuomintang has listed these two drafts as priority bills, he would help share this matter. He suggested that everyone tell everyone who has signed the drafts and "revoke" these legislators in the end of the year election.
For related news, please see:
Weng Xiaoling advocates that the Constitution can be subject to a referendum. The Democratic Progressive Party group blasts: The Legislative Yuan is not the one who has the final say.
The Kuomintang group pushed for a constitutional referendum and could not refuse to handle the referendum handed over by the Legislative Yuan. The Central Election Commission responded
Blue Pushes "A Referendum Can Overturn the Constitutional Judgment"" Legal circles: If everything is put to a referendum, why is the Legislative Yuan still needed?
Blue push "referendum can veto the constitutional judgment" Green approval: continue to expand legislative power, destroy the constitution and disrupt the government
Blue pushes "referendum to veto constitutional verdict" and lists priority bill in new session
Weng Xiaoling was silenced by the Kuomintang group? This incident reveals clues
