Justice nominee Chen Tzu-yang recently spoke out during his confirmation hearing, addressing several politically sensitive legal issues in Taiwan. He focused on topics such as the government’s NT$10,000 tax rebate and the president’s active support for legislative recall efforts. These topics have stirred public debate, and lawmakers sought Chen’s legal perspective on their constitutional implications.
KMT Legislator Chen Yu-jen raised questions about the tax rebate. She wanted to know if it should be considered a budgetary matter or a legislative one. Chen avoided giving a direct legal classification. Instead, he explained that the rebate controversy reflects a broader dispute between Taiwan’s Executive Yuan and Legislative Yuan. He emphasized that such disputes must be resolved using the country’s constitutional framework. Specifically, Chen highlighted the critical role of Constitutional Court boundaries in maintaining order between government branches and preventing overreach.
Next, KMT Legislator Ko Chih-en pressed Chen on President Lai Ching-te’s public backing of the recall campaign targeting legislators. She referenced Chen’s past remarks, in which he described a hypothetical situation involving a U.S. president demanding the resignation of a House speaker as a constitutional crisis. Ko asked if a similar crisis might arise in Taiwan under current circumstances.
Chen responded cautiously. He acknowledged that the president’s open support for recall efforts could raise constitutional questions. Chen underscored the importance of clear legal guidelines, noting that only well-defined Constitutional Court boundaries can effectively regulate politically charged actions and protect the balance of power.
TPP Legislator Lin Kuo-cheng questioned Chen’s impartiality, mentioning Chen’s ties to the Democratic Progressive Party and his wife’s involvement in the party’s Arbitration Committee. Chen firmly stated that he has never held any party position while serving as a public official. He also stressed that both he and his wife lead separate, independent professional lives, distancing themselves from political influence.
DPP Legislator Kuo Yu-ching asked Chen about the Court’s role in filling legal gaps when the legislature falls short. Chen agreed that the Constitutional Court can provide temporary remedies, but he stressed that the legislature must take responsibility for long-term legal reforms. He highlighted concerns about statutes of limitations in cases involving sexual assault victims under the age of majority. Chen said these victims often lack the capacity to seek timely justice, which could deny them legal protection. He called for lawmakers to revise relevant statutes to uphold human rights and access to justice.
Chen concluded his remarks by emphasizing that Taiwan’s democratic system relies on clearly established Constitutional Court boundaries. These boundaries ensure that the Court acts within its limits while protecting citizens’ rights and maintaining the proper balance between government branches. This balance, Chen argued, is essential to preserving the rule of law and democratic stability in Taiwan.
