The furor over the National Assembly term extension is not dying down; if anything, it has only increased.
The most striking element of the whole affair is the process by which the latest deal was produced. One is reminded of the old saying about legislation and sausages: two things that one should never witness the making of.
Not only was public opinion clearly against all the forms of the extension, but even more startling was the fact that repeated, loud objections from the headquarters of all three parties were apparently disregarded by the National Assembly deputies. Even though the Assembly earned its nickname as the "constitutional monster" because of its unchecked powers, it was always assumed that the purpose of any abuses would be to benefit one or more particular parties. It strains credulity to think that the deputies would have had the temerity to act in defiance of party orders, especially without any support from the public.
This basic suspicion has set off a storm among the always-eager rumormongers and conspiracy theorists among us. Speculation about the wider motives, and about the people behind them, is filling the press.
Most of these rumors are specious. Nonetheless, they do highlight some of the basic problems facing us.
First, the utter failure of public opinion to have any impact on the Assemblymen's actions (aside from contributing to the decision to take a secret ballot) raises the red flag of National Assembly action outside the scrutiny of the electorate. This danger will likely rise, not fall, in the near future, since the only element of pressure from the public -- the need to prepare for the next election -- has now been lifted from the members's shoulders. If they had simply adopted the new proportional representation system and then finished the term, this would not be a concern. But instead we now face the prospect of almost three years of a body which not only cannot be checked by any other institution (pace calls for the Council of Grand Justices to intervene), but also will not be subject to any election at the end of the day.
In more institutionalized systems, this situation might not be a bad thing. Some in the United States, for example, have observed the higher quality of policymaking of second-term (ie not up for reelection) presidents. A number of countries, such as Mexico, forbid their presidents from running again, for much the same logic. However, in Taiwan, given our not yet solidified constitutional system, we must retain a high degree of vigilance throughout this period. Our hope is that this lame duck Assembly will take as little action as possible.
Second, the high degree of behind-the-scenes maneuvering, not to say duplicity, on display by our political parties, particularly the KMT and the DPP, is alarming. Obviously a deal has been reached by certain key elements, while both parties continue officially to protest their innocence to blunt any voter backlash. In the future, when the Assembly delegates are responsible only to party headquarters, will this be the standard mode of constitutional reform?
The proportional representation system that is to be implemented has its merits. Chief among these are the strengthening of party politics at the expense of personality and local factionalism. But if individuals and factions within the parties can circumvent the process, these gains will be illusory. Abolishing the National Assembly altogether remains the best solution.
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