When legislative bodies use special legislation to override the application of ordinary laws, they do so according to the time and place, the matter at hand and the people involved.
Sometimes this tactic is a clear indication of the real attitude of those in power toward public opinion, which hinges on what they themselves want to see happen. Sometimes it reflects the absurdity of the ordinary law that is being overridden.
One would hope that such instances would be few and far between. However, Article 10-2 of the Isolated Islands Construction Act (離島建設條例), which overrides the minimum turnout threshold stipulated in the Referendum Act (公民投票法), is an example of this situation.
Paragraph 1 of the article states that, where there are plans to allow tourist casinos on outlying islands, a local referendum should first be held in accordance with the Referendum Act, and that the proposal will pass if more than one half of the votes cast are in favor of it. Unlike other referendums at county and township levels, it is not required that more than half of all eligible voters vote in favor of the proposal.
It was this rule that applied when Penghu County held its referendum on Saturday to decide whether to allow gambling.
The reason that the Referendum Act’s threshold was excluded from the Isolated Islands Construction Act was quite clearly a concern that a high turnout threshold would hinder setting up casinos on Penghu, which those in power support.
The intention evident in this legislation demonstrates two things. On the one hand, it reveals that the threshold laid down in the Referendum Act is excessively high, making it hard for any referendum to pass. On the other, it exposes the real attitude of legislators toward public opinion.
With regard to “ordinary circumstances,” legislators set up a roadblock — a referendum threshold of half of all eligible voters — to prevent public opinion as expressed in referendums from interfering with the plans of those in power.
Lawmakers intentionally made the referendum system unduly difficult. But when a “special situation” came around in which those in power wanted to use public opinion to their benefit to endorse a controversial policy — opening casinos — the roadblock was removed.
In this case, they hoped to use the referendum results to back up their argument for allowing gambling in Penghu.
The threshold set for a referendum is an important factor in whether it stands any chance of passing and having an effect on government policy.
In the referendum and island construction laws, those in power show different attitudes toward public opinion.
It is hard to accept their manipulation of the referendum system to suit their own agenda.
It is even more distressing when a referendum is proposed on a subject that is not to the liking of those in power and they deploy their political stooges to put forward spurious reasons to prevent this expression of public opinion.
If those in power cannot understand that the expression of public opinion is a cornerstone of democracy and not a tool for political manipulation, and if those in power persist in their arrogant and patronizing attitude toward the public, then they should be aware of Confucius’ admonition: A ruler is like a boat and the people are the water. The water that keeps a boat afloat can also capsize it.
Huang Kuo-chang is an advisory committee member of Taiwan Thinktank.
TRANSLATED BY JULIAN CLEGG
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
The past few months have seen tremendous strides in India’s journey to develop a vibrant semiconductor and electronics ecosystem. The nation’s established prowess in information technology (IT) has earned it much-needed revenue and prestige across the globe. Now, through the convergence of engineering talent, supportive government policies, an expanding market and technologically adaptive entrepreneurship, India is striving to become part of global electronics and semiconductor supply chains. Indian Prime Minister Narendra Modi’s Vision of “Make in India” and “Design in India” has been the guiding force behind the government’s incentive schemes that span skilling, design, fabrication, assembly, testing and packaging, and
As former president Ma Ying-jeou (馬英九) wrapped up his visit to the People’s Republic of China, he received his share of attention. Certainly, the trip must be seen within the full context of Ma’s life, that is, his eight-year presidency, the Sunflower movement and his failed Economic Cooperation Framework Agreement, as well as his eight years as Taipei mayor with its posturing, accusations of money laundering, and ups and downs. Through all that, basic questions stand out: “What drives Ma? What is his end game?” Having observed and commented on Ma for decades, it is all ironically reminiscent of former US president Harry