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
There is much evidence that the Chinese Communist Party (CCP) is sending soldiers from the People’s Liberation Army (PLA) to support Russia’s invasion of Ukraine — and is learning lessons for a future war against Taiwan. Until now, the CCP has claimed that they have not sent PLA personnel to support Russian aggression. On 18 April, Ukrainian President Volodymyr Zelinskiy announced that the CCP is supplying war supplies such as gunpowder, artillery, and weapons subcomponents to Russia. When Zelinskiy announced on 9 April that the Ukrainian Army had captured two Chinese nationals fighting with Russians on the front line with details
On a quiet lane in Taipei’s central Daan District (大安), an otherwise unremarkable high-rise is marked by a police guard and a tawdry A4 printout from the Ministry of Foreign Affairs indicating an “embassy area.” Keen observers would see the emblem of the Holy See, one of Taiwan’s 12 so-called “diplomatic allies.” Unlike Taipei’s other embassies and quasi-consulates, no national flag flies there, nor is there a plaque indicating what country’s embassy this is. Visitors hoping to sign a condolence book for the late Pope Francis would instead have to visit the Italian Trade Office, adjacent to Taipei 101. The death of
The Chinese Nationalist Party (KMT), joined by the Taiwan People’s Party (TPP), held a protest on Saturday on Ketagalan Boulevard in Taipei. They were essentially standing for the Chinese Communist Party (CCP), which is anxious about the mass recall campaign against KMT legislators. President William Lai (賴清德) said that if the opposition parties truly wanted to fight dictatorship, they should do so in Tiananmen Square — and at the very least, refrain from groveling to Chinese officials during their visits to China, alluding to meetings between KMT members and Chinese authorities. Now that China has been defined as a foreign hostile force,
On April 19, former president Chen Shui-bian (陳水扁) gave a public speech, his first in about 17 years. During the address at the Ketagalan Institute in Taipei, Chen’s words were vague and his tone was sour. He said that democracy should not be used as an echo chamber for a single politician, that people must be tolerant of other views, that the president should not act as a dictator and that the judiciary should not get involved in politics. He then went on to say that others with different opinions should not be criticized as “XX fellow travelers,” in reference to
RSS