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  • Interpretation
  • No.264
  • Date
  • 1990/07/27
  • Issue
    • Is it unconstitutional for the Legislative Yuan to request the Executive Yuan to grant the military, civil, and teaching personnel a year-end bonus, and consequently augment the budget?
  • Holding
    •        Article 70 of the Constitution provides, "The Legislative Yuan shall not make proposals for an increase in the expenditures in the budgetary bill presented by the Executive Yuan." The intent behind this Article is to curtail the government*s haphazard augmentation of the budget, which increases the people*s burden. The Legislative Yuan*s Resolution of the Twenty-sixth Meeting of the Eighty-fourth Assembly states: "We request the Executive Yuan to grant the military, civil, and teaching personnel a year-end bonus in the amount of half of their monthly pay in the current year (79) in order to boost their morale. The budget shall be consequently augmented." The Resolution is indeed a proposal for an increase in the expenditures in the budgetary bill, which violates Article 70 of the Constitution, and shall thus be declared null and void.
      
  • Reasoning
    •        In accordance with the Constitution, the Executive Yuan shall present the budgetary bill to the Legislative Yuan, which has the power to decide upon it by resolution. Such arrangement is intended to separate the powers of presentation and approval of the budgetary bill so that the Executive Yuan, while setting the national budget, can take into consideration the country*s finances, economic condition, and the annual administrative needs. It is by the power vested in the Legislative Yuan by the people that the Legislative Yuan fulfills its role of supervising the government*s finances, ultimately ensuring reasonable government expenditure and staunching unnecessary spending. In the spirit of the Constitution, Article 70 of the Constitution provides, "The Legislative Yuan shall not make proposals for an increase in the expenditures in the budgetary bill presented by the Executive Yuan." The intent behind the Article is to curtail the government*s haphazard augmentation of the budget, which increases the people*s burden. The Legislative Yuan*s Resolution of the Twenty-sixth Meeting of the Eighty-fourth Assembly states: "We request the Executive Yuan to grant the military, civil, and teaching personnel a year-end bonus in the amount of half of their monthly pay in the current year (79) in order to boost their morale. The budget shall be consequently augmented." The Resolution is indeed a proposal for an increase in the expenditures in the budgetary bill. Even though the proposal was floated as a motion of the legislators, it is substantially in conflict with Article 70 of the Constitution, and shall thus be declared null and void.
      
    • *Translated by Nigel N. T. Li, Lee and Li, Attorneys-at-Law.
      
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