Through its actions, Taiwan’s government is gradually eroding and dismembering two fundamental values of Western societies — the separation of powers and the rule of law. We have been led to believe that these are core values for Taiwan, regardless of whether the Chinese Nationalist Party (KMT) or the Democratic Progressive Party is in power. Having been educated in law in the US, I am both amazed and baffled in equal measure by this trend.
Ma’s governing team includes several ministers who studied in the US. These “counterfeit foreign devils” may speak fluent English, but when you look below the surface, they seem more like students returning from China. To be fair, perhaps we should note that while the principles of separation of powers and the rule of law have been dominant in US thinking for over 200 years, these principles have only really been tested in Taiwan over the last 20 years or so.
However, what really baffles me is this: Where is the voice of Taiwan’s legal community in the face of such blatant abuse of process, to the extent of bringing on a constitutional crisis? What accounts for these people’s silence while the government proceeds to systematically trash the law?
Taiwan is a country where legal scholars and professors are given great reverence and stature. I say to them: The rule of law needs you and so does the country. Speak out!
Robin Winkler is chair of the Environmental Jurists Association and a former environmental impact assessment commissioner with the Environmental Protection Agency.
TRANSLATED BY JULIAN CLEGG
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