Taipei Times
Date: Sep 04, 2016
By: Alison Hsiao / Staff reporter

Shilin District Court Chief Judge Hung Ying-hua (洪英花) yesterday questioned President Tsai Ing-wen’s (蔡英文) nomination of former grand justice Hsu Tzong-li (許宗力) as Judicial Yuan president, saying a re-assumption of the position would contravene the Constitution.

At a news conference “to warn against nepotism in the nation’s judiciary,” Hung said that while Hsu upholds that the Constitution only stipulates that candidates cannot hold the position for two consecutive terms and does not explicitly prohibit re-assumption, “according to official documents regarding the Constitution-amending process [in 1997], what the Constitution means by ‘no consecutive terms’ is precisely ‘once in a lifetime.’”

The draft amendment used the examples of Germany and Italy to support the change that called for the injunction against consecutive terms, “and both German and Italian grand justices, with terms of 12 years and nine years respectively, are not allowed to be appointed for consecutive terms, which means no reappointments,” she said.

Hung also cited then-National Assembly member Thomas Peng (彭錦鵬) as saying during the amendment process that the reasoning behind the ban of serving consecutive terms was to “rule out the possibility of grand justices harboring the desire of reappointment, which would adversely affects their work of Constitution interpretation.”     [FULL  STORY]