Grand Justice Nominees Evade Questions on ROC Existing Territory

  Grand Justice Nominees Evade Questions on ROC Existing Territory

Source: China Times

June 26, 2019

The Legislative Yuan yesterday held a confirmation hearing on the nominations of Grand Justices. Chen Yu-chen, an independent legislator, asked, "What does the existing territory of the Republic of China cover?" Yang Hui-chin, a nominee, stated "very huge," but saying the Constitution did not refer to the scope, only stating “the existing territory.”

Faced with the same question, Tsai Tzung-chen, another nominee, indicated that the Taiwan area was defined as Taiwan, Penghu, Kinmen, and Matsu in accordance with the law, while the Mainland area was relatively ambiguous, being defined as the current scope of the main territory of China. Chen Yu-chen then asked that the Mainland area was referring to the territory of the Republic of China outside the Taiwan area, what was it referring to? Tsai Tzung-chen replied by saying that the Parliament would please first resolve the issue before further discussions.

The Grand Justices are both interpreters of the Constitution and its guardian. If they are not identified with the Constitution of the Republic of China, or only "being reluctantly identified," the public will inevitably question the impartiality of the Constitutional Court.

The Grand Justices cannot create a constitution, but can the Grand Justices nominated by President Tsai Ing-wen independently and impartially rule any amendment to law under the Tsai government unconstitutional? If not, the only thing a “Green Constitutional Court” can do is endlessly rule not to take up the case or render a constitutional ruling that leaves the people disappointed.

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