One of the most significant impacts of the transfer of presidential power in Taiwan appears to be the vitalization of constitutionalism.
Taiwan's Constitution has officially been in effect since the end of martial law; however, until now it has always been burdened by impediments to its proper functioning. Initially, the existence of the "10,000 year parliament" was the main stumbling block, until it was removed in 1990 by the decision of the Council of Grand Justices that led to the retirement of the "old thieves" and the complete reelection of the National Assembly and the Legislative Yuan.
Since that time, as elections and other democratic practices developed and matured, all of the political institutions remained under the control of the KMT, with its centralized, hierarchical structure. This further stunted the proper functioning of the Constitution.
Now the document is being dusted off, as everyone rushes to brush up on its contents. Abstract political science terminology, such as semi-presidentialism, has suddenly become essential knowledge.
The crux of the problem is the relationship between the president, the premier and the legislature. Chen Shui-bian's
Many commentators, noting the relative similarity of our Constitution with that of the Fifth Republic of France, are recommending that we follow French practice, where the premier is the head of the majority party in parliament. However, although the French experience may provide a useful point of comparison, we should remember that France -- as indeed every other country -- developed its own constitutional structure and norms based on its own political needs. We should do the same, and not feel that we are bound by any particular foreign model.
The right of the Legislative Yuan to confirm the appointment of the premier was taken away by constitutional amendments following the National Development Conference in 1996. In its stead, the new power of dismissing the Cabinet through a vote of no confidence was established.
Thus the KMT's influence over Tang's appointment is limited to a personal appeal to his party loyalty. However, if the KMT members of parliament are sufficiently disturbed by his defection, or by the policies he enacts in office, they certainly have the power to censure him with a no-confidence motion. If the KMT manages to hold its majority and builds and maintains consensus among the party caucus, it should be able to exert tremendous influence on the direction of policy, for example through the setting of the budget.
The Legislative Yuan has always played a passive role in policy-making, which does not befit the highest representative body in a democratic country. It can only be a positive benefit to Taiwan's democracy for the KMT to take up this challenge in a responsible and energetic way and properly scrutinize and supervise the Chen-Tang government.
That said, this process should be led by the KMT legislative caucus. It is not appropriate for the party headquarters to lay down the line in dictatorial fashion, just like in the old days. This smacks of the Leninist ideal of the "party leading politics," and it runs completely contrary to the publicly announced direction for the KMT party reform project, which is to transform it into a modern election-winning apparatus.
Likewise it is not appropriate for the KMT and the DPP to engage in party negotiations to decide the issue of Tang's appointment. The president can choose whomever he likes, and those who oppose the choice can take it up with their member of parliament.
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