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2024 Taiwanese constitutional controversy

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The 2024 Taiwanese constitutional controversy started with the proposal and passage of a set of controversial legislative reform bills. The controversy triggered the so-called Bluebird Movement (Chinese: 青鳥行動), a series of protests.

Bluebird Movement
Mass protests on May 21, 24, and 28 around the Legislative Yuan, from top to bottom.
Date17 May 2024 – present (6 months)
Location
Taiwan (Legislative Yuan)
Caused byAttempted passage of bills granting greater powers to the Legislative Yuan
Goals
  • Revoke bills passed on basis of unconstitutionality
  • Recall legislators proposing and supporting the bills
Status
  • Bill passed on May 28; the Democratic Progressive Party filed a lawsuit for constitutional review[1]
  • Many provisions of the bills were annulled for breaching the constitution by the Constitutional Court on October 25[2]
Parties
Number
  • tens of thousands of protesters

Background

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In May 2024, a set of bills that were presented as legislature reform, were allegedly rammed through without proper legislative review and procedures.[4][5] These bills were eventually passed by the Legislative Yuan that gave the body more oversight and investigative powers.

The proposers, the majority opposition coalition of the Kuomintang (KMT) and Taiwan People's Party (TPP), and supporters of the bill claimed the amendments were necessary to fight corruption and increase accountability. The Democratic Progressive Party (DPP), who leads a minority government under president and party leader Lai Ching-te, civic groups and some legal experts oppose the bill based on its alleged unconstitutionality, vague definitions,[6] infringements of civil liberties and national security, and apparent targeting of the incoming administration.[7][8]

Critics of the legislative reform bill were also concerned about how it was rushed through without proper procedures.[9]

Notable provisions in the new legislation

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See also: Contempt of parliament § Taiwan

The bills contain fines & imprisonments liability[1] for what the bills termed contempt of the legislature (藐視國會罪). There is no right to legal counsel free from legislative speaker's permission.[6] The bill also allows mandatory summons to anyone to attend legislature hearings, in addition to governmental and public officials, and are subjected to the controversial clauses too.[10] A motion to charge individuals for offenses that are liable for fines requires 6 legislators to propose, which then requires a majority vote of the whole legislature to take effect.[11] Some clauses in these bills are defined vaguely.[6][12][13]

In July 2024, KMT and TPP legislators first used the law's new powers to launch a task force investigating the National Communications Commission for approving Mirror TV, alleging that the approval process was subject to inappropriate government influence. The DPP alleged that the probe was improper due to previous investigative efforts, which Mirror Media complained were disproportionate compared to the approval process that other channels had.[14]

Timeline

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From 17 May 2024, protests broke out in Taipei and other places in Taiwan.

A heated and occasionally violent debate took place in the Legislative Yuan as the bill was voted on, which critics allege was completed in a rushed and opaque way. Opposition to the bill was expressed through protests across Taiwan, the largest being at the Legislative Yuan itself with tens of thousands of protesters at the most attended demonstration, making them the biggest series of protests since the Sunflower Student Movement.[15] The protest movement was named the Bluebird Movement, which is orthographically similar to Qingdao East Road where the main protests took place.[16][17]

May 21

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Civic groups received permits to assemble near the Legislative Yuan ahead of May 21, giving law enforcement time to redirect traffic.[18] Starting in the morning, over 40 groups gathered on Qingdao East Road despite weather conditions, with the crowd growing to around 30,000 in the evening. Many protestors carried sunflowers and signage that displayed slogans such as "No discussion, no democracy" (沒有討論、沒有民主).[19]

May 24

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On May 24, over 100,000 people gathered to protest the bill.[20]

May 28

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On May 28, the bill was passed and the DPP announced it intended to file a legal challenge on unconstitutionality grounds.[1] Over 70,000 people turned out to protest the passage of the bill as civic groups and students gathered near the legislature and expressed their concerns.[21] In attendance was businessman Robert Tsao, who criticized Kuomintang legislators for enabling the Chinese Communist Party’s united front work in Taiwan as protestors called for recalling Han Kuo-yu, Fu Kun-chi, and other Kuomintang legislators.[22]

In Changhua County, students organized a Bluebird Movement rally, which attracted over 1,000 attendees.[23] In Yilan County, two high school students organized a rally in Luodong in support of the Taipei protestors.[24]

Reconsideration request and constitutional review

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After the bills passed, the Executive Yuan filed a reconsideration request to the Legislative Yuan on June 6; the Legislative Yuan rejected the request on June 21.[25] After the rejection, the DPP legislative caucus, President Lai, the Executive Yuan, and the Control Yuan filed a joint constitutional review to the Constitutional Court. The Constitutional Court held a preparatory hearing on July 10.[26] The Court later issued a temporary injunction on July 19. A constitutionality hearing was held on August 6.[27]

On October 25, the Constitutional Court annulled many provisions of the bills, such as the "Contempt of the Legislature" Act and the extension of investigating power of the Legislative Yuan.[2]

International reactions

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On 20 May 2024, a group of international academics, journalists, former officials (including former American Institute in Taiwan director William A. Stanton) and other critics of the reforms released a joint statement that said the proposed bill granted the Legislative Yuan "excessive power compared with other constitutional democracies and has not been allowed sufficient review by the public or DPP lawmakers."[9][28]

Overseas Taiwanese in the United States organized a campaign to promote the Bluebird Movement in support of the protestors, raising US$80,050 within three hours to feature a billboard in Times Square in New York City.[29] On 4 June 2024, over 100 Taiwanese gathered in Times Square to support the Bluebird Movement, with the organizers reporting 500 attendees.[30][31] Students and professionals overseas organized an international petition to protest the abuse of legislative powers, and signers include Taiwanese in the United Kingdom, United States, Japan, France, Sweden, and the Netherlands.[32]

See also

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Wikimedia Commons has media related to 2024 Taiwanese constitutional controversy.

References

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  1. ^ a b c "KMT, TPP pass controversial measures". Taipei Times. 29 May 2024. Archived from the original on 29 May 2024. Retrieved 29 May 2024. ...DPP vowed to seek a constitutional interpretation...Legislative Yuan yesterday passed bills...They also criminalize contempt of the legislature by government officials, and made changes to the Criminal Code that would impose a fine of up to NT$200,000 and jail time of up to one year for public officials who lie during a legislative hearing...The DPP has pledged to seek a constitutional review. "There will be two violations of the Constitution," DPP caucus whip Ker Chien-ming (柯建銘) said on Monday, adding that they were procedural and substantive contraventions.
  2. ^ a b Strong, Matthew (2024-07-19). "Taiwan Constitutional Court quashes most expansions of legislative powers". Taiwan News. Retrieved 2024-10-25. The Constitutional Court also ruled against the opposition-backed "contempt of the Legislature" act... In addition, the court ruled against new legislative powers to investigate government officials.
  3. ^ "「國會濫權，民主倒退，公民搶救，立院集結」 行動公告". 台灣放送. Economic Democracy Union. 2024-05-24.
  4. ^ Hsiao, Alison (17 May 2024). "Legislature in chaos over legislative reform bills". Focus Taiwan. Central News Agency (Taiwan). Archived from the original on 17 May 2024. Retrieved 31 May 2024. ...KMT and the TPP had voted last month in committee, where bills are usually reviewed and discussed, to take their versions of the bills directly to a floor vote without clause-by-clause deliberation, and left the ruling Democratic Progressive Party's (DPP) proposed bills in the committee...
  5. ^ Chau, Thompson (20 May 2024). "Taiwan's Lai faces early pressure from opposition legislative power play". Nikkei Asia. Nikkei, Inc. Archived from the original on 20 May 2024. Retrieved 31 May 2024. ...with the China-leaning opposition attempting to ram through a set of bills that lawyers and critics consider a power grab...
  6. ^ a b c Chung, Jake (26 May 2024). "Foundation urges halt to proposed amendments". Taipei Times. Central News Agency (Taiwan). Archived from the original on 25 May 2024. Retrieved 28 May 2024. Judicial Reform Foundation yesterday urged...halt the Legislative Yuan proceedings immediately on the grounds that...could be illegal and unconstitutional...Amendments regarding powers of inquiry were too vague, failing to provide legal bases for procedures summoning individuals to give testimony, it said, adding that the amendments regarding an individual refusing to testify were also vague. Amendments that said individuals attending a testimony hearing could ask for, per agreement of the Legislative Speaker, legal counsel or professional aid was procedurally flawed and infringed on a person's right to legal representation...
  7. ^ Wan, Chien-Hua; Chen, Spe (28 May 2024). "Taiwan Passes Bill Curbing New President's Power Despite Protests". Time Magazine. Retrieved 2024-05-28.
  8. ^ Chang Chien, Amy; Buckley, Chris (28 May 2024). "Why Lawmakers Are Brawling and People Are Protesting in Taiwan". The New York Times. ISSN 0362-4331. Retrieved 2024-05-28 – via NYTimes.com.
  9. ^ a b Yang, Stephanie; Wu, Xin-yun (24 May 2024). "Fistfighting lawmakers and protests mar start of Taiwan's new administration". Los Angeles Times. Archived from the original on 24 May 2024. Retrieved 5 June 2024.
  10. ^ Hsiao, Alison (17 May 2024). "Highlights of disputed 'parliamentary reform bills'". Focus Taiwan. Central News Agency (Taiwan). Archived from the original on 17 May 2024. Retrieved 31 May 2024. ...convene investigatory committees and hearings that can summon those involved in various matters to provide testimony and materials. In addition, the scope of those subject to such a summons would also be expanded to include private entities. Those who refuse, procrastinate, conceal, or provide false statements to the Legislature's demand for an investigation, questioning, and access to documents would be fined or dealt with...
  11. ^ 趙, 婉淳 (5 May 2024). "立院職權修法 學者憂虛偽陳述罰鍰恐淪政治決定" (in Chinese (Taiwan)). Radio Taiwan International. Archived from the original on 10 June 2024. Retrieved 31 May 2024. ...出席聽證會的政府人員證言為虛偽陳述者，由主席或質詢委員提議，出席委員5人以上連署或附議，經院會決議，移送彈劾或懲戒，並依法追訴其刑事責任。
  12. ^ Hsiao, Alison (21 May 2024). "Several legislative reform amendments pass 2nd reading". Focus Taiwan. Central News Agency (Taiwan). Archived from the original on 21 May 2024. Retrieved 31 May 2024. The amendment aims to place tighter restrictions on those questioned in the Legislature, stating that they cannot "reverse-question," without defining the term.
  13. ^ Hioe, Brian (22 May 2024). "Tens of Thousands Protest Bill to Expand Legislative Power in Taiwan". The Diplomat. Archived from the original on 21 May 2024. Retrieved 28 May 2024. A move by the KMT and its ally, the TPP, to quickly pass the controversial bill...Moreover, they would not be allowed to "reverse-question," an unclearly defined term that probably refers to some manner of speaking back against questioning, which would be punished by a fine of 200,000 Taiwanese dollars...
  14. ^ "KMT, TPP launch NCC task force - Taipei Times". Taipei Times. 4 July 2024. Retrieved 2024-07-06.
  15. ^ Davidson, Helen (28 May 2024). "Taiwan passes controversial reform bill after violence and protests". The Guardian. ISSN 0261-3077. Retrieved 2024-05-28.
  16. ^ Hioe, Brian (29 May 2024). "What Next for the Bluebird Movement?". New Bloom Magazine. Retrieved 31 May 2024.
  17. ^ Schlesinger, Sonia (30 May 2024). "Who Are The 'Bluebird Movement' Protesters?". The News Lens. Retrieved 31 May 2024.
  18. ^ Huang, Li-yun (20 May 2024). "民團串聯集結立法院 警方晚間加強巡邏勤務". Central News Agency (Taiwan) (in Chinese (Taiwan)). Retrieved 6 June 2024.
  19. ^ "【圖多】3萬人擠爆立院外「守護民主」 吶喊：我們不要變香港". Hakka News (in Chinese (Taiwan)). 21 May 2024. Retrieved 6 June 2024.
  20. ^ Schlesinger, Sonia (30 May 2024). "Who Are The 'Bluebird Movement' Protesters?". The News Lens. Retrieved 2 June 2024.
  21. ^ Everington, Keoni (29 May 2024). "70,000 protest Taiwan legislature's passage of controversial amendments". Taiwan News.
  22. ^ "抗議怒火狂燒 7萬人高喊韓國瑜下台". Liberty Times (in Chinese (Taiwan)). 29 May 2024. Retrieved 7 June 2024.
  23. ^ Chang, Chung-chiu (29 May 2024). "反國會擴權 彰化高中生靜坐抗議". Liberty Times (in Chinese (Taiwan)). Retrieved 7 June 2024.
  24. ^ Chiang, Chih-hsiung (29 May 2024). "宜蘭青鳥行動 數百人喊「藐視國會」". Liberty Times (in Chinese (Taiwan)). Retrieved 7 June 2024.
  25. ^ Lin Ching-yin (2024-06-21). "Legislature votes down Cabinet's reconsideration request". Focus Taiwan. Retrieved 2024-07-03.
  26. ^ Lin Chang-shun (2024-07-03). "Constitutional Court to hear injunction case on oversight laws". Focus Taiwan. Retrieved 2024-07-03. The Judicial Yuan, which oversees the Constitutional Court, said on Tuesday a preparatory hearing was scheduled for July 10 and that stakeholders would be summoned to the court to present their views.
  27. ^ Strong, Matthew (2024-07-19). "Taiwan Constitutional Court approves injunction for expanding legislative powers". Taiwan News. Retrieved 2024-10-25. The court said it decided to approve the injunction because there was a possibility the amendments disrupted the balance of power between different bodies, as stipulated by the Constitution, per CNA. A full-day hearing about the constitutionality issue was scheduled for Aug. 6, but no date for a final court ruling has been set.
  28. ^ Wang, Yang-yu; Ko, Lin (21 May 2024). "Ex-AIT director, academics express concern over reform bills in joint statement". Focus Taiwan. Retrieved 5 June 2024.
  29. ^ Stephens, Amanda (31 May 2024). "Overseas citizens bring the Bluebird Movement to Times Square". Radio Taiwan International. Retrieved 1 June 2024.
  30. ^ "Taiwanese expats rally for democracy in Times Square". TVBS. 5 June 2024. Retrieved 5 June 2024.
  31. ^ Everington, Keoni (6 June 2024). "500 attend 'Stand Strong with Taiwan' rally in Times Square". Taiwan News. Retrieved 7 June 2024.
  32. ^ "反國會濫權海外串連 在英台灣人大英博物館前舉牌表不滿". Liberty Times (in Chinese (Taiwan)). 1 June 2024. Retrieved 2 June 2024.
 

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