The US Supreme Court has agreed to hear George W. Bush's challenge to the recounting of ballots by hand in Florida. The Court is expected to directly impact the outcome of the election -- namely, who gets the critical 25 Florida electoral votes and becomes the next US president. This is certainly not the first time that the court has stepped in to draw boundaries between government powers. In this regard, Taiwan's Council of Grand Justices seems to pale in comparison. If any good is to come out of the dispute over the Fourth Nuclear Power Plant, hopefully it is a precedent leading to an increasingly important role of the Council in the check and balance of powers between government branches.
Throughout US history, its Supreme Court has been able to serve as an effective check and balance against the other two branches of government, in most instances. As a result, the scales of power do not dramatically tip in favor of any of the three branches. In a series of landmark decisions, the Supreme Court effectively demarcated boundaries between legislative and executive powers. For example, the court repeatedly made rulings that carved out the extent to which the president may order emergency actions in times of war without encroaching on the legislative power. In several other cases, the court ruled that the president may not impound funds, that is withhold spending of funds, already appropriated by the legislature.
At the other end of the world in Taiwan, the Council of Grand Justices has suddenly become the center of much public attention. For the moment, the council seems to be the last hope of an amicable resolution to the political storm over the Fourth Nuclear Power Plant, as the Executive Yuan has petitioned the Council to rule on the constitutionality of its decision to halt construction of the plant.
The controversy over the power plant may certainly be viewed as a turf war between the legislative and executive powers. Before Chen Shui-bian (
With the election of President Chen, Taiwan has certainly sailed into some uncharted waters. For the first time, there is a dire need to draw a clear boundary between legislative and executive powers, as the ruling party does not enjoy a legislative majority. For the first time, the ruling party and the government cannot become synonymous with each other, as the opposition majority in the legislature won't allowed it. For the first time, the Council of Grand Justices has been invited to serve as the tie-breaker between legislative and executive powers. At last, the Council no longer has to envy its American counterpart, the US Supreme Court, for the latter's ability to play an imperative role in the balance of government powers.
Political commentators in the US are already noting that the involvement of the US Supreme Court in the controversy over the presidential election will certainly add legitimacy to the election or victory of the next president. Commentators are also asking both Gore and Bush to respect the result of the election based on the Supreme Court ruling. It is certainly our hope that the ruling by Taiwan's Council of Grand Justices will enjoy the same kind of respect.
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