Joint Statement by Civil Groups Against "President Over Parliament, Party Over Constitution"

The lobbying scandal involving the Legislative Yuan President and the opposition party whip has descended into farce. Now, President Ma has publicly demanded the resignation of the Legislative Yuan President, transforming this from a mere political struggle into a grave constitutional crisis. We issue the following statement:

1. Lobbying prosecutors regarding litigation cases by the Legislative Yuan President or legislators may undermine judicial functions and should not be tolerated by the legal order. If the lobbying is proven true, political responsibility should still be borne even in the absence of legal liability.
2. The investigation and holding accountable of the Legislative Yuan President or legislators regarding lobbying fall under the scope of parliamentary self-discipline. According to the Constitution, neither the President nor the Executive Yuan has the authority to hold the Legislative Yuan President or legislators accountable. President Ma publicly holding the Legislative Yuan President accountable and even publicly ordering his removal from office, and the Premier publicly questioning the suitability of the Legislative Yuan President, are both unconstitutional acts that exceed the constitutional system and reverse the separation of powers and checks and balances.
3. The KMT Chairman and the party-affiliated Premier abused investigative wiretaps, utilized the "party machine" to openly threaten the Legislative Yuan, and ordered the Legislative Yuan President to resign, placing the private interests of political parties and politicians above the constitutional order, which approaches the criteria of an "unconstitutional political party."
4. Based on the principle of parliamentary autonomy, before the Legislative Yuan completes all procedures, Wang Chin-pyng's status as a legislator is not definitively lost; therefore, Wang Chin-pyng remains a legislator and the President of the Legislative Yuan.
5. The Prosecutor-General reporting an individual case to the President constitutes a political act that exceeds statutory authority and makes him an accomplice in destroying the constitutional order. Furthermore, the Special Investigation Division's "continued wiretapping" in another case without applying for a new interception warrant in accordance with the law; the public disclosure of wiretap transcripts obtained under the guise of "investigation" for uses outside the original purpose of the wiretap; and the illegal retrieval of communication records of non-suspects are all illegal acts, and the criminal responsibility of the relevant personnel should be investigated.

Finally, we reiterate that judicial lobbying destroys public trust in the judiciary and cannot be tolerated, but accountability actions must still comply with due process and the constitutional system. The President, the Premier, and the Prosecutor-General have shown no restraint in this case, altering the nation's constitutional order and plunging the country into the perils of executive despotism, political parties overriding the constitution, and governance by wiretapping, which are far more dangerous than judicial lobbying. We will never accept this, and neither should the general public.

Co-initiating Organizations

Taiwan Association for Democracy (Taiwan Guardian of Democracy Platform)
Democratic Front Against the Cross-Strait Trade Agreement in Black Boxes
Taiwan Labor Front
Taiwan Awakening Foundation
Black Island Nation Youth Front
Taiwan Association for Human Rights
Taiwan Association for Truth and Reconciliation