The election campaign in Taiwan has been lively and boisterous, with campaigners from each party arguing so wildly that they are almost sinking their policy platforms in saliva.
A lack of serious policy debate is a long-standing feature of elections but, while the public wears its dissatisfaction stoically, political scientists impatiently point out that design flaws in Taiwan's electoral system often result in extremist opinions gaining great favor. It also results in some legislators placing the showcasing of their talent ahead of political work on their list of priorities once they enter the Legislative Yuan.
They even stoop to the level of cat-and-mouse theories. Witness Lo Fu-chu (
First, if we look at each country's average number of voters per parliamentarian, we discover that the number of legislators in Taiwan is lower than the world's average. While we therefore agree that a modest reduction in the number of legislators would be appropriate, a reduction by half would be excessive.
Second, the reason why the Legislative Yuan is associated in many people's minds with money politics is not that legislators' salaries are too high, but rather that certain legislators use their legislative power to enrich themselves or special interest groups. This will not be eliminated by adopting the above measures.
Apart from proposing a reduction in the legislature, therefore, the "Action Alliance for the Reform of the Legislature" (
We would propose these reforms:
Ideally, reform would introduce a German-style double ballot system in which the electorate casts one vote for a candidate and one for a party, and in which legislative seats are distributed according to the number of party votes. Not only is this system fairer, but it also integrates the advantages of a candidate-based district representative system and a party-based proportional representation system. It can also promote positive competition between political parties.
The second best option would involve the adoption of a parallel, Japanese-style, double ballot system (ie, calculating district seats and proportional seats separately), increasing the number of proportional representation seats as much as possible. If so, it would be possible to enjoy the advantages of a slimmed-down legislature because of the expansion of the voting base for district legislators, without the shortcomings of having too few legislators.
Reform of the electoral system would require constitutional amendment but, apart from that most fundamental of reforms, a complete reform of the legislature should include other measures. The committee system requires reform, an improvement to the system of inter-party negotiations is necessary, and the Sunshine Laws (
To avoid "legislative reform" being no more than an election slogan, the political parties and legislative candidates should promise that amendments and legislative procedures for the following (which could all be implemented immediately), will be completed as soon as possible. This is the only way to grasp the opportunity for reform and to demonstrate resolve to reform.
As for a sound committee system, the Organizational Law of the Legislative Yuan (
We propose:
One, the composition of legislative committees should be proportionate to the parties' representation in the legislature, the system of drawing lots should be eliminated, and the role of party caucuses in the composition of committees should be elevated.
Two, the number of committees which each legislator may join should be increased to two, but non-members should be prohibited from speaking at committee meetings.
Three, the number of convening members in each committee should be changed to one, who should be a senior or specialized legislator appointed by the majority party or alliance. The principle of avoiding special interests should be strictly observed.
Four, an absolute majority of committee members should be present at committee votes on legislation, and legislation should be passed by an absolute majority of those present.
Regarding the caucus negotiations system, we propose supplementing -- with the following rules -- the raising during the current legislative session of the threshold for forming a caucus.
One, caucus negotiations may not override the committee. Legislation that has been agreed by each party in committee shall not be sent to the parties for negotiation. After legislation has been sent to the committee for review, it shall not be possible to end the committee review summarily and bring the legislation to negotiation between ruling and opposition party caucuses, or submit it for a second reading, unless a resolution to do so is passed after thorough deliberation.
Two, during negotiations between caucuses, the representatives of each caucus must strictly enforce the principle of avoiding special interests.
Three, the utmost effort must be made to make caucus negotiations transparent. Members from the original reviewing committee should be present at negotiations. They should have regard for the aim of the legislative negotiations and make a public report.
Finally, legislative work regarding the Lobby Law, the Political Donation Law and other sunshine laws should be completed as soon as possible. Regulations for the disciplining of legislators and their parties, particularly, should be strengthened in order to enhance efficiency. Further, in order to meet its responsibility to the electorate and to facilitate public monitoring, the Legislative Yuan should -- on its own initiative -- publicly declare various items of legislative information and statistical data, such as records of legislators' attendance at committee meetings and legislative sessions.
The platform of the Action Alliance for the Reform of the Legislature also includes simultaneous presidential and legislative tenure to decrease the incidence of legislation and social costs.
Our belief is that whether or not the above reforms can be realized, civil organizations in Taiwan must continue to make their voices heard on the question of reform. They should serve as a driving force behind the education of the electorate about these matters, and help the public to understand the true meaning of democracy. This is the only way to build a consensus and gradually improve the democratic system.
Only when the electorate makes its demands heard will legislators reform the Legislative Yuan according to the wishes of the people and stop pursuing their own interests.
Ku Chung-hwa is a professor of sociology at National Chengchi University and the chairman of the Taipei Society. Wang Yeh-lih is a professor of political science at Tunghai University and a member of the Taipei Society's Executive Committee. Lin Jih-wen is an associate research fellow at Academia Sinica and a member of the Taipei Society's Executive Committee.
Translated by Perry Svensson
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