Integrity of the courts should be hailed in injunction ruling
The China Post news staffLegislative Speaker Wang Jin-pyng's battle with the KMT took a new turn on Friday, with his request for an injunction granted by the Taipei District Court. This important victory preserves Wang's ability to exercise his rights as a KMT party member while he engages in a legal suit against the party for whether he committed a lobbying offense.
September 16, 2013, 12:03 am TWN
On a macro level, the Taipei court's ruling serves as an example of the legal system working to reconcile and rectify possible inconsistencies and ambiguities in its vast structure. The dispute between the two camps arose over the definition of “loss of legislator membership” arising from “loss of party membership.” More specifically, the critical point is the precise timing at which any legislator would lose his membership if he or she were to be expelled from the party.
The specificities of the situation tested the resilience of the system. Because laws cannot completely encompass every possible combination of factors, they depend on revision and interpretation to handle new contingencies. It is probably fair to say that the mechanisms of appeal demonstrated its effectiveness in an emergency, by coming down on one side of two different interpretations.
On the one hand, the KMT argues that the loss of Wang's legislative membership was automatic the moment when the Central Election Commission confirms it received Wang's expulsion papers from the party. However, the Wang camp argues that before the Legislative Yuan confirms and publishes the CEC's decision, nothing is final, and they filed an urgent injunction request on Wednesday to prevent the Legislative Yuan from doing so.