Calls for president to declare state of emergency

DPP lawmakers and New Taipei City Mayor Hou You-yi are calling on President Tsai to declare a state of emergency to deal with COVID-19. Doing so would let the state override the Constitution and other legislation, as it adopts measures to protect public health. The calls for the emergency decree come amid controversy over a recent travel ban. The government is accused of violating the Constitution with its overseas travel ban on teachers and students. Yang Chih-liang Former health ministerPremier Su Tseng-chang says that overseas travel by teachers and students at the high-school level and under is now banned. That’s a violation of the Constitution, as it limits people’s freedom of movement.During a legislative interpellation session, Premier Su defended the travel ban against the charge that it was unconstitutional.Su Tseng-changPremierThe Constitution states that freedoms and rights can be restricted through laws. In accordance with Article 7 of the Communicable Disease Control Act, and Article 7 of the special budget legislation, the head of the epidemic command may implement any necessary measures to control the epidemic. This provision was just recently passed here in the Legislative Yuan.Su defended the travel ban as constitutional. Meanwhile, New Taipei Mayor Hou You-yi said the president should declare a state of emergency.Hou You-yiNew Taipei mayorI hope the central government will adopt proactive measures as soon as possible to ban Taiwanese from traveling abroad. When our Communicable Disease Control Act is no longer sufficient, we advise the president to stand up and declare a state of emergency. After all, our enemy is already here, but we haven’t yet mobilized all our forces. What are we waiting for?Ting Yun-kungPresidential Office spokesmanWe will discuss a state of emergency declaration if the current legislation does not grant sufficient legal latitude, and if it hinders or makes impossible our epidemic prevention efforts. At the moment, we believe that the special legislation, the Communicable Disease Control Act and other laws are sufficient. So currently we are not considering a declaration of a state of emergency.The Presidential Office said the time hasn’t yet come. But some lawmakers, including DPP lawmakers, contended that a declaration was necessary.Kao Chia-yuDPP lawmakerThe Constitution guarantees the freedom of residence and movement of the people. In the past, we’ve had issues when blank-check legislation was found to be a contravention of the Constitution. There are many instances of laws ruled to be in violation of the Constitution. We wouldn’t want our current situation to result in the state having to grant compensation in the future. We wouldn’t want to have lawsuits over constitutionality.Tsai Yi-yuDPP lawmakerLimiting freedoms would include banning people from leaving the country and traveling abroad. It would even include requisitioning items. In order to respond to the epidemic, I would support our president if she were to declare this so-called state of emergency.The Constitution allows the president to issue an emergency decree to cope with a calamity or crisis. Such a decree allows the president to overrule any legislation necessary to overcome the situation. Emergency decrees have been issued six times in the history of the R.O.C., most recently in the aftermath of the 1999 Jiji earthquake.

[amelialin]

I'm glad Taiwan is Politically, economically & judicially independent.
That makes TAIWAN_ROC an independent country
no matter what China_PRC would say.

[旮旯北京]

As long as you don't declare independence.