Sun, Sep 10, 2000 page8

• Editorial: Constitution needs patient rewriting

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  The current political scene in Taiwan is rather strange. Premier Tang Fei (唐飛) is suffering; President Chen Shui-bian (陳水扁) is anxious; Vice President Annette Lu (呂秀蓮) is depressed; the DPP is agitated; the KMT is upset; the media is enraged, and the people angry. No one is happy with the political status quo, but no one can do anything about it, because the Constitution has everyone tied down . To disarm the flaws of our constitutional framework, Chen declared that a presidential advisory committee is being established to test the popular will on constitutional principles and amendments.

  Chen's declaration tests the water for a constitutional amendment, but the possibility is minimal within the immediate future. The Legislative Yuan has not made the needed legal amendment for the exercise of its recently delegated power to amend the Constitution. It is unlikely to do so, while reviewing the annual budget. Plus, the KMT enjoys an absolute majority in the Legislative Yuan. Chen would not amend the Constitution without first having a firm grip on the situation. The earliest that the constitutional amendment could start would be after the legislative re-election next year. The Constitution of Taiwan has undergone six massive amendments during the past 10 years. As a result of the ruling party's selfishness, the national assembly deputies' outrageous behaviors, and lack of a long-term vision,implementing constitutional principles is still difficult.

  Because the past ruling party was unwilling to constraint on the presidential power, our Constitution follows the French Fifth Republic system's "cohabitation" (雙首長制), under which a powerful president shoulders little responsibilities, while a powerless premier shoulders much responsibility. In both Lee Teng-hui's (李登輝) time and Chen's administration, we all see a blurring of the line between the responsibilities and powers of the president and premier. This is why Tang's recent comment that "the president is ultimately responsible for the performance of the cabinet members" was such a bomb shell. The relationship between the president and the Executive Yuan needs to be clarified. In addition, our constitutional framework should mirror matured long-operated systems, be it the presidential or cabinet system. Taiwan does not need to stand out and become the guinea pig for a new system.

  The political system in Taiwan is already facing enough problems as it is, yet the new administration also faces a split of legislative and executive powers by two different parties. The tension and friction between the Executive Yuan and Legislative Yuan plus the lack of a negotiation culture hold back the exercise of executive power. Taiwan's five-branch government is unique in the world. However, the powers of the Control Yuan and the Examination Yuan have been elbowed to the point that they have become dispensable. Whether our Constitution should insist on a five-branch government or move toward a three-branch government is an issue requiring much attention. Vice President Lu has repeatedly complained about her lack of power, and requested a constitutional amendment to demark vice presidential responsibilities. However, the Chen-Lu relationship is much more a political issue than a constitutional issue. A solution does not seem that imperative.

  The problems are caused by the parties' perception of constitutional amendment as short-term remedies to problems at hand, rather than for the establishment of a long term political system. It is hard to tell whether the constitutional whirlpool is caused by problematic design, flawed implementation and legislation, or mistakes made by individuals or parties. The Presidential Office's establishment of an advisory committee is a beginning that would go well with a round-table meeting among the political parties for a discussion on constitutional problems. Amending the constitution is a must, but don't rush.
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