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Partisan legislature disregards democracy

`Democratic politics imply a quest for the greatest common good for a society.'

Laws are promulgated and interpreted by people, and as such they should be formulated based on public opinion and on their compatibility with the ideals of justice and equality.

If a law violates these ideals, it should be regarded as unjust.

If we disregard the moral imperative that should be inherent in any legislation and hold to the idea that an unjust law should still be upheld, we are creating an authoritarian rule of law that is no different from ruling the nation with violence.

Merely enacting legislation according to legal procedures does not guarantee that it is just or has universal validity.

Democratic politics imply a quest for the greatest common good for a society, rather than simply winning office.

Consensus

The first thing a democratic nation should do is to consolidate a consensus and prevent incessant division and confrontation from occurring in every single election.

The majority cannot always run roughshod over the minority and the opinions and rights of minorities must be respected and protected.

Some commentators say that since legislatures are set up on the principle of majority rule, the fact that one party holds a majority -- even if only by one seat -- means that it gets to decide everything.

In a country that is not fully free and democratic, the party that controls the legislature can in practice pass any kind of unjust law.

To prevent this, the legislative majority must be able to place the interest of the public above personal benefits and partisan politics.

On Jan. 19, the worst-ever scuffle among lawmakers took place in Taiwan's legislature, and for the first time ever, the legislature did not pass the government's budget before the legislative session ended.

The legislature was paralyzed because parties tried to manipulate the legislature and manipulate bills for partisan interests.

This is a result of the legislative tradition of clearing all stalled bills before a session ends, a time when lawmakers take advantage of the chaos to push through many wasteful bills.

Controversial bills

In the push to clear all the bills, legislators who do not have the nation's best interests in mind seek to tie controversial bills to important bills that greatly affect the lives of the average citizen.

This time around, the Chinese Nationalist Party (KMT) tried to push through and amendment to the Organizational Law of the Central Election Commission that would mandate that commission members be appointed in proportion to the number of legislative seats held by each party.

Claiming that this was unconstitutional, the Democratic Progressive Party forcibly blocked the vote on the bill.

To prevent this kind of legislative gridlock, the nation must establish an effective mechanism to promote conciliation, dialogue, and negotiation between political parties and social groups.

This is the only way to arrive at a consensus capable of representing the public interest and leading the nation forward.

Tseng Chao-chang is a lawyer and chairman of the National Bar Association.

Translated by Lin Ya-ti
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