Renaming of Chiang Kai-shek Memorial Hall - Renaming Process - Legal Controversy

Legal Controversy

The legality of the Executive Branch's move has been disputed by the Pan-Blue Coalition. Legislator Chang Hsien-yao (張顯耀) said: "According to the Constitution, any administrative order that goes against an existing law is invalid. So if the Legislature has not yet abolished the organic act of the CKS Memorial Hall, which has the same legal status as law, the newly proposed organic regulation, which is an administrative order, is invalid." The Constitution of the Republic of China gives only the Legislature the power to enact, amend, or repeal laws. KMT legislators contend that the move by the Executive Yuan encroaches upon the powers of the Legislative Yuan, thereby violating the separation of powers.

Taipei City mayor Hau Lung-pin declared he would authorize no changes to city-maintained signs, including mass transit signs and maps, to recognize changes of names at the site. Hau cited the high costs of making such changes and blamed the name change on the desire of officials to create "ideological strife." The mayor said he recognized no name changes at the site to be legal unless recognized by the national legislature.

Debate over the name also took place on literary grounds. The term "Memorial Hall" (紀念堂) is normally used in Chinese to commemorate a deceased person or past event, such as the Chiang Kai-shek Memorial Hall, the Chairman Mao Memorial Hall in Beijing, or the numerous Sun Yat-sen Memorial Halls in Taiwan and mainland China. Supporters of the name change had in mind the work of activists for democracy in Taiwan's history, especially those who had died for their efforts. Critics argued that the name "Taiwan Democracy Memorial Hall" implied that Taiwan's democracy was dead.

Read more about this topic:  Renaming Of Chiang Kai-shek Memorial Hall, Renaming Process

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