總統馬英九,昨天親自探視林義雄,雖然沒見到本人,卻留下卡片承諾核四爭議在安檢後會交公投來決定,今天林義雄也發出一封公開信,痛批馬總統無權代表政府,做出任何承諾。

昨天馬總統,在給林義雄的卡片上,承諾核四安檢後,會交給公投來決定。過了一天,律師出身的林義雄,發出一封回給馬總統的公開信。

除了感謝馬英九的簽名致意,話鋒一轉,強調總統的職責,只在處理外交、國防等相關事務,核四並不在範圍內,因此總統無權干涉及做出承諾。並道出了馬總統憲政常識及法律素養的不足。

馬總統憑什麼代表政府給承諾,內政部長陳威仁,被問的啞口無言,雖然有法律方面的辯論, 不過核四爭議的僵局仍未解。

When President Ma Ying-jeou left a card for Lin Yi-hsiung on Wednesday, he hoped to extend an olive branch to the former DPP chairman by pledging a referendum on the nuclear power issue. Instead, Lin responded on Thursday with an open letter that said Ma did not have the power to make such a promise on constitutional grounds.

On Wednesday, President Ma left a card for Lin Yi-hsiung pledging that a referendum on the fourth nuclear power plant’s future would be held after safety tests had been completed. Lin, trained as a lawyer, answered Ma on Thursday.

Aside from thanking Ma for his wishes, he wrote that a president’s responsibilities are limited to foreign affairs and the military and do not cover nuclear power. Thus, a president does not have the power to interfere with the issue or make any promises. He also accused Ma of lacking constitutional wisdom and knowledge of the law.

When asked by a legislator why President Ma could make a promise on behalf of the government, Interior Minister Chen Wei-zen had trouble answering. Amid the legal semantics, however, the stalemate was no closer to being solved.

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