Since its founding in 1949, China has promulgated four different constitutions. The last, enacted in 1982, has undergone four sets of amendments. Regardless of how many times China changes its constitution, it is still the same country -- the People's Republic of China.
Likewise, plans to reform Taiwan's constitution should not be considered an attempt to change Taiwan's status quo as an independent, sovereign country.
In fact, Taiwan's Constitution has already been amended six times -- the most significant amendments allowed for the direct election of the legislature and president. Other new provisions attempted to streamline the government's structure but proved to be largely unsatisfactory. Constitutional reformers were working with a Constitution that had originally been designed and promulgated back in 1947 for a government that ruled over China, not Taiwan. A sound constitutional structure forms the basis for the normal functioning of any country.
Taiwan's Constitution requires reform in three main areas:
-- Governance structure. In this area, the main question is whether Taiwan should have a presidential or Cabinet system of government, neither of which can describe Taiwan's current hodgepodge of governance structures. Under the present constitution, government is divided into three tiers and separated into five branches. The result is an unwieldy system that fails to clearly define political powers and duties.
The gravity of this problem was illustrated in 2000, when power struggles threatened to dismantle the six-month-old presidency. The opposition parties, which together still held a legislative majority, threatened to recall President Chen Shui-bian (陳水扁) in response to the premier's decision to terminate construction of a controversial nuclear power plant. They could have initiated a no-confidence vote against the premier, but then the president would remain in office and disband the legislature accordingly, leaving the opposition parties with the challenge of a new election. Under a Cabinet system, the premier would have dissolved the legislature, whereas under a presidential system the president would have veto power to resolve the controversy.
Clearly, a more stable system of governance is in order. The type of government also determines parliamentary design and electoral procedures.
-- Citizen's rights. Taiwanese can't vote until they are 20, one of the highest voting ages in the world. In order to extend the right to vote to 18-year-olds -- as 162 other countries have done -- a constitutional amendment is needed. In addition, the Constitution's guarantee of basic human rights could be expanded to include Aboriginal rights of self-determination.
-- Economic principles. The Constitution outlines a socialist organization of the economy, including the restriction of private capital and the equalization of land ownership. Although Taiwan has developed a vibrant capitalist economy, certain constitutional provisions -- such as an unusual incremental land-value tax scheme -- impede the effective use of resources and hinder overall competitiveness.
Why is constitutional reform necessary when Taiwan has already lived with such a cumbersome document for more than 50 years? The KMT's one-party control over all aspects of government also meant that the problems of an awkward governance structure due to an ill-designed Constitution were not apparent. Just as laws are amended and created to fit the changing needs of society, Taiwan needs a constitution that will be a workable foundation for its maturing democracy.
Hsiao Bi-khim is a legislator and the director of inter-national affairs for the Democratic Progressive Party.
Recently, China launched another diplomatic offensive against Taiwan, improperly linking its “one China principle” with UN General Assembly Resolution 2758 to constrain Taiwan’s diplomatic space. After Taiwan’s presidential election on Jan. 13, China persuaded Nauru to sever diplomatic ties with Taiwan. Nauru cited Resolution 2758 in its declaration of the diplomatic break. Subsequently, during the WHO Executive Board meeting that month, Beijing rallied countries including Venezuela, Zimbabwe, Belarus, Egypt, Nicaragua, Sri Lanka, Laos, Russia, Syria and Pakistan to reiterate the “one China principle” in their statements, and assert that “Resolution 2758 has settled the status of Taiwan” to hinder Taiwan’s
Singaporean Prime Minister Lee Hsien Loong’s (李顯龍) decision to step down after 19 years and hand power to his deputy, Lawrence Wong (黃循財), on May 15 was expected — though, perhaps, not so soon. Most political analysts had been eyeing an end-of-year handover, to ensure more time for Wong to study and shadow the role, ahead of general elections that must be called by November next year. Wong — who is currently both deputy prime minister and minister of finance — would need a combination of fresh ideas, wisdom and experience as he writes the nation’s next chapter. The world that
The past few months have seen tremendous strides in India’s journey to develop a vibrant semiconductor and electronics ecosystem. The nation’s established prowess in information technology (IT) has earned it much-needed revenue and prestige across the globe. Now, through the convergence of engineering talent, supportive government policies, an expanding market and technologically adaptive entrepreneurship, India is striving to become part of global electronics and semiconductor supply chains. Indian Prime Minister Narendra Modi’s Vision of “Make in India” and “Design in India” has been the guiding force behind the government’s incentive schemes that span skilling, design, fabrication, assembly, testing and packaging, and
Can US dialogue and cooperation with the communist dictatorship in Beijing help avert a Taiwan Strait crisis? Or is US President Joe Biden playing into Chinese President Xi Jinping’s (習近平) hands? With America preoccupied with the wars in Europe and the Middle East, Biden is seeking better relations with Xi’s regime. The goal is to responsibly manage US-China competition and prevent unintended conflict, thereby hoping to create greater space for the two countries to work together in areas where their interests align. The existing wars have already stretched US military resources thin, and the last thing Biden wants is yet another war.