Premier Tang Fei
The third article of the Additional Articles of the Constitution states that the Executive Yuan is answerable to the Legislative Yuan in a manner prescribed by certain constitutional provisions. According to Article 53, "the Executive Yuan shall be the highest administrative organ of the state." In reality, however, the Executive Yuan is not only answerable to the Legislative Yuan but also to the president under the semi-presidential system.
Tang's role was more like that of a chief executive under the command of the president than that of the supreme executive of the state. Despite the backing of the majority party in the Legislative Yuan on the nuclear plant issue, Tang's resignation seemed inevitable, as he was unable to implement the president's policies. His resignation proves that "a semi-presidential system leaning toward a presidential system," as promoted by Chen, is perhaps a closer description of the reality in Taiwan.
However, even within a purely presidential system, such as that in the US, the president, who holds supreme executive power, cannot ignore the voices of the legislative body. In fact, many major projects proposed by the US government have been scrapped due to lack of support from the Congress. For example, the US was unable to join the League of Nations -- formed by US President Woodrow Wilson -- due to the objection of Congress. In 1947, the US was prevented from participating in the organization of the International Trade Organization due to lack of support from Congress.
Meanwhile, when the presidency and a majority of seats in the legislature are controlled by different parties, a divided government is formed. In such circumstances, the executive branch usually needs to make greater lobbying efforts for the bills it endorses and to engage in constant negotiations with lawmakers in order to secure passage of these bills. The passage through Congress of the bill for Permanent Normal TradeRelations (PNTR) for China serves as a perfect example.
The formation of a minority government by the DPP may improve communication between the Presidential Office, the Executive Yuan and the ruling party. I believe, however, that whether Chen and his party can work with the KMT and other opposition parties is the real key to political stability in Taiwan.
Chen should neither ignore the political reality of his party's minority status in the Legislative Yuan, nor mock his political opponents for their unwillingness to co-operate after their defeat in the presidential election. Most of all, the establishment of a political negotiation mechanism should be the top priority irrespective of which constitutional system Taiwan chooses.
While the nuclear plant's construction has become a zero-sum game, many of us are deeply concerned about the poor interaction between the Executive and the Legislative Yuans. In view of such a chaotic constitutional situation, I believe Chen's only hope, before next year's legislative election, is to solve our problems by establishing an effective negotiation mechanism. The only other alternative is to have the majority party establish a Cabinet.
Wang Yeh-lih is the chairman of the political science department at Tunghai University.
Translated by Eddy Chang
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