The tug of war over the Fourth Nuclear Power Plant (
The Legislative Yuan clearly backs continued construction of the plant. The Executive Yuan should carefully think over the interpretation, as well as the political reality in the legislature. The Cabinet should give up this ineffective political struggle and let Taiwan emerge from the shadow of the plant.
Interpretation No. 520 does not contain any clear-cut statement saying whether the Cabinet's action was constitutional or unconstitutional. But the text essentially pointed out that, while the Cabinet certainly has the right to readjust an important policy according to the policy platforms of the president after a transition of political power, it should nevertheless respect the legislature and report to it before changing an important policy. The legislature, for its part, also has the responsibility to listen to the Cabinet's report. The Grand Justices criticized the Executive Yuan for unilaterally halting construction, but they also disagreed with the legislature's boycott of the Cabinet's report.
Perhaps worried that the two camps might misinterpret the ruling, the Grand Justices also suggested several ways out of the impasse. If the legislature agrees to support its decision, the Cabinet can go ahead and scrap the project. If the legislature decides to continue construction, the Cabinet will have to accept the decision, or negotiate a compromise. Otherwise, either the premier will have to resign or the legislature will have to file a no-confidence vote. Both the executive and legislative branches will then undergo a reshuffle. Or, the legislature can pass a law regulating the Executive Yuan's implementation of policies.
The Grand Justices have clearly pointed out the Executive Yuan's flaw, but both sides can still find new points of leverage in the text and continue their battle. What is the sense in the opposition alliance filing a no-confidence vote against the Cabinet -- which will lead to the president dissolving the legislature and stirring up more disputes over the plant? What is the sense in the ruling party, unable as it is to change the power structure in the legislature, sticking to its anti-nuclear platform and dragging out an unwinnable war, causing much suffering for the populace? Can Taiwan endure another year of economic tremors and political turmoil? That is exactly what it will get if neither sides knows where to stop.
Another part of the cost-benefit chart is about the power balance across the Taiwan Strait. China continues to grow as Taiwan eats away at itself and reduces its own bargaining chips in the cross-strait competition. This is a seldom-discussed extra bill Taiwanese will have to foot collectively for the nuclear plant dispute.
The US Supreme Court ruled against Al Gore despite his winning the popular vote in the US presidential election. Gore did not lack a good argument nor the necessary power to stage another fight. But he chose to concede, showing respect for the judiciary and safeguarding the stability of the political system. This decision has also protected his own political future and left him with boundless political space. Both the ruling and opposition parties in Taiwan should learn from Gore's wisdom. The nuclear plant issue is not an unlimited war. The Grand Justices have provided the means for both sides to exit gracefully from this fight. They should know where to stop.
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