Mon, Mar 26, 2007 page3

• Second half of draft constitution unveiled

  PART TWO Aside from making it easier to amend the Constitution, the 'second republic' constitution addresses issues from the powers of the president to the judicial system

  • By Ko Shu-ling / STAFF REPORTER
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  The process of amending the Constitution should be made easier, a local think tank said yesterday, advocating a lowered legislative threshold as well as a public referendum on the issue.

  The pro-independence Taiwan Thinktank yesterday published the second half of its draft "second republic" constitution, which covers the judicial system, powers of the central and local governments, fundamental national policies, welfare of Aborigines, constitutional amendments and implementation and transitional articles.

  The draft was penned by Chen Ming-tong (陳明通), a professor at National Taiwan University's Graduate Institute of National Development; Chen Tsi-yang (陳慈陽), a law professor at National Taipei University; and Chen In-chin (陳英鈐), a law professor at Ming Chuan University.

  

  Honorary National Taiwan University professor Su Chun-hsiung stands at the podium during a forum organized by Taiwan Thinktank discussing a draft 'second republic' constitution in Taipei yesterday.

  PHOTO: WANG MIN-WEI, TAIPEI TIMES

  The project was inspired by former presidential adviser Koo Kwang-ming (辜寬敏), who has pushed for what he called a "second republic" constitution while leaving the document's details open to interpretation.

  Koo's proposal elicited a response from President Chen Shui-bian (陳水扁), who said future constitutional reforms could take the form of a "second republic."

  Chen Ming-tong yesterday proposed procedures for constitutional revisions that would call upon direct democracy.

  While constitutional amendments require the consent of three quarters of the legislators present and half the votes in a national referendum, the draft proposed to lower the legislative threshold to two thirds, pending a referendum.

  The draft also proposed allowing the public to initiate constitutional amendments. At present, only legislators and the president can launch such revisions.

  Clauses were also added to the draft to make a government transition from a semi-presidential system to a parliamentary system, as well as a five-branch government to a three-branch one, smoother.

  If the "second republic" constitution were implemented next year, the draft would ban the next president from seeking a second term. Presidential powers would be highly reduced, but the term would be extended from four years to six years.

  The premier appointed by the next president could hold on to the job until a new prime minister is chosen. The prime minister would be nominated by the president and would have to obtain the consent of half the legislators.

  Chen In-chin, who wrote the chapter on the judicial system, proposed to establish a constitutional court to replace the Council of Grand Justices, which rules on the constitutionality of laws.

  The draft states that half of the 15-member constitutional judges would be nominated by the prime minister every six years for a 12-year term. In order to appoint a nominee, two thirds of the legislators would have be present and two thirds of those present would have to approve the nomination.

  To pass a ruling, two thirds of the judges would have to be present and half would have to agree.
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