Explainer: Premier's Power To Not Countersign Passed Bills
Premier Cho Jung-tai has refused to countersign a passed bill, effectively stopping it in its tracks. Legal and political experts say the premier’s move is legal, and the chances of the legislature moving to unseat him are relatively low.
REPORTER:
In one move, Taiwan premier Cho Jung-tai has stopped a bill in its tracks. His ruling Democratic Progressive Party says the bill would force the central government to give way more money to local governments than it can afford, adding to the country’s debt. So Cho is choosing not to countersign, something experts say is a last resort to keep a law from taking effect.
Cho Jung-tai (TAIWAN PREMIER):
As the premier I will follow Article 37 of the Constitution and not countersign this amendment bill.
Lin Jia-he (ASSOCIATE PROFESSOR, COLLEGE OF LAW, NATIONAL CHENGCHI UNIVERSITY):
Whether the premier countersigns or not this is a power permitted by law.
If the executive branch thinks [the bill] will seriously hinder its policy implementation and its allocation of financial resources that is an appropriate time to refuse to countersign.
REPORTER:
But before Cho, no other premier had used this approach to block a bill already passed by the legislature. Some asked lawmakers to reconsider the bill – meaning to hold a revote. But when opposition parties hold a majority in the legislature – as they do now – they can just vote to pass the bill again. Another option is to ask the Constitutional Court for an interpretation. But a new rule increasing the number of judges needed to make a ruling has left the court in limbo for a year.
REPORTER:
With Cho’s refusal to countersign, the legislature can now choose to initiate a no-confidence motion against him. If it passes, he’d be forced to resign, but he can also ask the President to dissolve the legislature. But some say a no-confidence vote is not likely.
Courtney Donovan Smith (POLITICAL COMMENTATOR):
REPORTER:
Since Cho’s move is unprecedented, it’s hard to predict what will happen next in a fight that could shake up Taiwan’s political landscape.
Alex Chen, Alan Lu and Irene Lin for TaiwanPlus.
