Battle Over Death Penalty Referendum Proposal
Lawmakers advance CEC lawsuit to second debate phase
The Central Election Commission (CEC) in Taiwan nixed a proposed referendum on the death penalty due to a clash with the Referendum Act. This proposal aimed to enable judges to impose the death penalty without unanimous agreement, which contradicts a 2024 Constitutional Court ruling demanding unanimous decisions for death sentences. The CEC believed this referendum proposal attempted to alter fundamental legal principles, placing it beyond the legal reach of referendums[2][3][4].
Last month, the CEC slammed the brakes on the Chinese Nationalist Party's (KMT) plan to put this contentious issue to a vote. The KMT, in response, initiated legal action against the CEC. Currently, the status of the KMT's administrative lawsuit remains unclear, although opposition lawmakers, including members of the KMT, have accused the CEC of being unconstitutional and questioning its neutrality and separation of powers[5].
After attending a session on Friday, all but 51 members of the Democratic Progressive Party (DPP) voted to send the KMT's proposal to a second reading. In a heated debate, lawmakers from the KMT argued that the CEC was disregarding public opinion and the DPP was arbitrarily dictating eligible referendum issues[1].
According to a mid-January survey by National Chung Cheng University's Department of Criminology, a staggering 87.97% of respondents opposes abolishing the death penalty[1]. Taiwan People's Party Legislator Chen Gau-tzu accused the CEC of disregarding the rule of law[1].
However, DPP Legislator Chung Chia-pin argued that administrative litigation only applies to CEC decisions following a hearing, as there was none regarding the rejection of the proposed referendum[1]. Referendums primarily cover the creation or repeal of major policies[1], making the proposed death penalty query questionable given it alters foundational legislative principles[2].
In light of these obstacles, the opposition has been advised to seek amendments to the Referendum Act instead of pursuing the controversial referendum on the death penalty[2].
- The ongoing battle over the death penalty referendum proposal in Taiwan is a significant issue in the realm of policy-and-legislation, as it questions the legal grounds of a controversial referendum that aims to alter fundamental legal principles.
- The politics surrounding the death penalty referendum proposal in Taiwan has escalated, with the opposition accusing the Central Election Commission of disregarding the rule of law and questioning its neutrality, while the commission maintains that the proposed referendum falls outside the legal reach of referendums due to its implications on general-news topics such as the foundational legislative principles.
