Taiwan seems to have entered an unprecedented "constitutional moment." All kinds of proposals for what to do with the Constitution are being promoted, ranging from amending the Constitution to re-engineering it; from merely changing constitutional procedures to changing the nature of the document.
Despite the fact there have been numerous constitutional amendments in the past, this has not exhausted the imagination of politicians as to what can be achieved with the Constitution. These politicians are constantly seeking to harness the energy of the people through various forms of activism so they can achieve their political goals.
But most ordinary Taiwanese do not see what all the drama has to do with their lives. With the exception of interested individuals or groups, most people do not necessarily understand the significance of whether Taiwan should undergo constitutional re-engineering or amendment s, whether it should adopt a presidential, semi-presidential or parliamentary system, or a host of other political issues. People might even believe this controversy reflects little more than the political maneuvering of a small number of politicians.
In fact, this phenomenon simply reflects a sense of alienation most Taiwanese have with regard to the Constitution. This is partly because Taiwan's experience with altering the Constitution is so mired in political maneuvering and grandstanding that the government was totally unable to win any kind of credibility. People hardly expect that politicians will put their cards on the table and seek to remedy political problems together through constitutional means. If the majority of the public thinks this way, any political bloc wishing to take a lead in the discussions over constitutional reform should reflect carefully over the lessons learned from past failures of the amendment process and ensure that they are not repeated.
The Taipei Society and the Taiwan Law Society held a joint press conference recently and noted that in the 1997 round of Constitutional amendments, public opinion and debate were totally rejected. The Taipei Society asked that greater effort be put into gathering public input on proposed amendments, conducting the process on the basis of the "five noes and three imperatives."
The five noes refer to no secret negotiations, no hidden trade offs, no strategic calculations, no obfuscation, and no party precedent over public opinion. The three imperatives are transparency of information, open discussion and public scrutiny. The Taipei Society emphasized that the design of the Constitution is not a private matter for political parties. Public discussion at an early stage is necessary so that people can better understand Constitutional issues and the pros and cons of various proposals. The public should be encouraged to participate. Only in this way can a consciousness of citizenship be developed and the Taiwanese people become the masters of their country. If the new constitution is to receive wider support from the public and achieve its goal of protecting human rights, it cannot be left to those within the structure of government.
The EU recently passed a draft of its constitution. Its second chapter is dedicated to the human rights that member nations must adhere to. The chapter, with 54 articles, is one of the most comprehensive expressions of human rights ever drafted.
Europe is the cradle of modern constitutional government. It has now cemented the concept of human rights, making it a core principle of modern constitutional government. This should inspire Taiwan and demonstrate a successful way of forging a closer link between the people and the Constitution that protects their rights.
The lessons of history come when we least expect them. In 1997, Hsu Hsin-liang (許信良), then chairman of the Democratic Progressive Party, supported a presidential system, but turned to promoting a Cabinet-style system after the Chinese Nationalist Party (KMT) failed in its 2000 election bid, we saw once again how undesirable it is to have constitutional amendments driven by politicians.
If Taiwan's new constitution is to have real vitality, it must be closely related to ordinary people and their rights. Only a constitution of this nature will benefit the people and the country.
Ku Chung-hwa is a professor of sociology at National Chengchi University.
Translated by Ian Bartholomew
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
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.
As Maldivian President Mohamed Muizzu’s party won by a landslide in Sunday’s parliamentary election, it is a good time to take another look at recent developments in the Maldivian foreign policy. While Muizzu has been promoting his “Maldives First” policy, the agenda seems to have lost sight of a number of factors. Contemporary Maldivian policy serves as a stark illustration of how a blend of missteps in public posturing, populist agendas and inattentive leadership can lead to diplomatic setbacks and damage a country’s long-term foreign policy priorities. Over the past few months, Maldivian foreign policy has entangled itself in playing