Last Tuesday, the Constitutional Reform Alliance, a private constitutional reengineering group, unveiled its first version of proposed constitutional amendments for public discussion. The proposal adopts a bicameral legislative system for Taiwan, consisting of a Senate and a House of Representatives.
The House of Representatives would have 150 to 200 seats and its members would be elected by popular vote. The Senate would consist of 50 members chosen by popular vote or in indirect elections, with representatives of local governments and Aboriginal areas each taking up one half of the seats. The Senate's main power would be the right to approve bills passed by the House of Representatives, particularly bills concerning local government and Aboriginal interests.
What are the advantages of a bicameral legislative system?
First, the quality of the legislative process would be enhanced. The constitutions of many countries stipulate that the Senate has the right to approve bills passed by the House of Representatives so that, when passing laws, the House would have to consider the Senate's likely reaction and ensure that bills are discussed in advance. This would, of course, help improve the quality of the legislative process.
Compared with the members of the House of Representatives, senators would be more capable of conducting legislative investigations and hearings in a professional spirit. The two-house legislative system proposed by the alliance also takes into account the protection of Aboriginals and the division of powers and checks and balances between the central and local governments.
Some are proposing that the constitutional amendments should include a special chapter on Aborigines. Nonetheless, many alliance members believe that a bicameral legislative system would protect the interests of Aborigines better than a special chapter on Aborigines in the Constitution.
One-half of the seats in the Senate would be reserved for Aboriginal representatives and either the speakership or the vice speakership would be held by an Aborigine -- a design which would allow Aboriginal senators to veto legislation that violates Aboriginal interests. The implementation of a constitutional chapter on Aboriginals would still have to be implemented through legislation which could marginalize the Council of Indigenous Peoples, which is why it would be better to give them the right to veto legislation in the Senate. This idea still has to be discussed with the Aborigines.
Maintaining the balance and division of power between the central and local governments is another important reason for adopting a bicameral legislative system. This design would require the House of Representatives first seek the support of local governments when approving bills related to the interests of local governments. A case in point is the construction of nuclear power plants. If the central government adopts a Cabinet system, then this check and balance mechanism would be a good way for local governments to prevent a dictatorial Cabinet.
The alliance's first draft of constitutional amendments contains a host of innovative ideas, one of which is the adoption of a two-house legislative system. I would like to point out that the nature of the proposed Senate is different from that of the now defunct National Assembly. A bicameral legislature is also a far cry from another past suggestion -- a bicameral system consisting of a legislature and a National Assembly. Hopefully, this proposal will generate wide debate that will help the country come up with the most appropriate system.
Allen Houng is a professor in the Institute of Neuroscience at National Yang Ming University and convener of the Constitutional Reform Alliance.
Translated by Daniel Cheng
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