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Editorial: President's chance to set precedent

Later this summer, President Chen Shui-bian (陳水扁) will present the country's first-ever National Security Report. This will confirm a trend toward adopting a presidential system. The presidential brief to the whole nation will also help establish a consensus on national-security issues in a nation that remains beleaguered by issues of national identity and the independence-unification divide.

The report will cover the economy, national defense, cross-strait relations, foreign affairs and homeland protection. In making this report, Chen will be speaking directly to the people, rather than following the US example in which the president makes his State of the Union address to both houses of Congress. However, if the president directly reports to his people rather than to the legislature, this could be interpreted as an attempt by the Executive Yuan to sidestep the hazard of accountability to the Legislative Yuan.

Establishing a presidential system of government will be a priority in the second phase of constitutional reform, and in linking his address to national security, Chen is clearly seeking to establish a precedent by exercising power through the National Security Council (NSC). This will also greatly increase the council's political influence.

If we look back over the history of constitutional amendments, it's clear to see that while the original spirit of the Constitution was closer to that of a dual-executive system, the amendments and the actual practice of the government under former president Lee Teng-hui (李登輝) shifted toward that of a presidential system. Since Lee doubled as chairman of the Chinese Nationalist Party (KMT), and the KMT had a stable majority in the legislature, the operation of the government tended to conform to that of a presidential system.

Following the transition of power in 2000 -- and last year's legislative elections -- the pan-blue camp nonetheless retained its legislative majority. The pan-blue camp could use its majority to hold a vote of no confidence in the government, forcing the president to dissolve the legislature, in order to bring about the implementation of a dual-executive system. However, although the pan-blue camp is doing all it can to obstruct the government, it hasn't got the courage to challenge the political structure.

The report to be given by Chen touches on various areas of the Executive Yuan's responsibility, and will have two significant political effects.

First, the powers of the NSC's secretary-general will be enhanced, creating a "dual executive" with a significant overlap in authority and jurisdiction of the council's secretary-general and the premier. In the unlikely event that these two officials find themselves in disagreement, the president will have to play referee to prevent friction between the council and the Executive Yuan.

Second, although the National Security Report will be delivered to the people, the Additional Articles of the Constitution allow the legislature to demand that the president make a State of the Nation report. It will be necessary to give some consideration to the differences or the consonance of these two reports.

If the legislature calls for a State of the Nation report, the president has to comply. The government should follow the example of the US and combine the National Security Report and the State of the Nation address into a constitutionally mandated address to the legislature. This would serve as a clear demonstration of the nation's highest elected official exercising supervision over its highest elected body.
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