The Chinese Nationalist Party (KMT) caucus on Monday led a preliminary review of draft amendments to the Public Officials Election and Recall Act (公職人員選舉罷免法), blocking Democratic Progressive Party (DPP) lawmakers from entering the meeting room. In just three minutes, the review was completed and the meeting concluded, illustrating severe procedural flaws.
In Taiwan’s constitutional system, the Legislative Yuan has the crucial function of gathering and integrating public opinion. Legislators represent the people in exercising their legislative authority — a process that must involve fair and open procedures, allowing for opinions to be expressed fully through debate. Then, through voting, the majority determines the final collective will and enacts it into law.
To prevent a tyranny of the majority, it is essential that minority opinions are respected, their voices heard and the opportunity for debate and open criticism provided — this allows the public to compare the pros and cons of each.
Although the result of a majority vote binds the minority, such decisions cannot be made through deception and trickery. Contraventions of legislative rules and procedures stemming from deception and malicious motives are more than mere technical fouls — their resulting resolutions would be deemed invalid. In particular, depriving the minority of its opportunity for equal political participation inevitably undermines the foundational principles of democracy and equality. Therefore, the result of the vote loses legitimacy and becomes ineffective.
Taiwan possesses unique national conditions — it is marked by a legacy of authoritarianism, party opposition, social division, varying national identities and significant political divides.
Although the KMT gained a legislative plurality in the last election, its total vote count was slightly lower than that of the DPP. While it has dominated the legislative process, it refuses to take on the important task of integrating the public will. Instead, it relies solely on the tyranny of the majority to implement its own will, undermining the constitutional order and disrupting governance.
Just days ago, we witnessed the majority openly infringe upon proper legislative procedures to pass a law. In order to protect the free, democratic constitutional order, President William Lai (賴清德) should refrain from promulgating the law. After accepting the case, court justices should not hesitate to conduct a constitutional review, thereby upholding judicial restraint.
Additionally, voters should recall these corrupt legislators.
All of the above actions are consistent with constitutional democratic principles, including the separation of powers.
Jiang Zung-shiang is a lawyer and a member of the Judicial Reform Foundation’s executive committee.
Translated by Kyra Gustavsen
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