Premier Cho Jung-tai’s (卓榮泰) rare refusal to countersign the amendments to the Act Governing the Allocation of Government Revenues and Expenditures (財政收支劃分法) passed by the Legislative Yuan has caused an uproar, with critics accusing the executive branch of dictatorial arrogance. However, peeling back the political passion to examine the jurisprudential logic reveals that while this move breaks with convention, it is not a sign of constitutional collapse. It is a crucial moment for clarifying the boundaries of political accountability.
First, the Constitution stipulates that laws promulgated by the president require the premier’s countersignature. The core spirit of this requirement is “responsible government.” If countersignature is viewed merely as an unavoidable mechanical duty, the premier is reduced to a rubber stamp for the legislature. If the premier is forced to endorse a bill deemed unfeasible or unconstitutional, it violates the very ethics of political responsibility. Therefore, refusing to countersign should be viewed as a defensive measure against legislative overreach, not an act of dictatorship.
Second, calls for the Control Yuan to intervene with impeachment reveal a fundamental misunderstanding of the separation of powers. Under Taiwan’s five-power Constitution, the power of impeachment belongs exclusively to the Control Yuan; the legislature has no authority to direct it. If lawmakers believe the premier is guilty of dereliction of duty, they should not overstep by trying to instruct the Control Yuan. Instead, they should utilize the most potent weapon granted to them by the Constitution: the vote of no confidence.
Dictatorship is defined by unchecked power. Under this system, if the legislature cannot accept the premier’s decision, it can pass a no confidence vote to force a resignation, potentially triggering the dissolution of the legislature and a return to the electorate for a fresh mandate. This is a robust mechanism of checks and balances. By ignoring this legitimate tool in favor of demanding external intervention or making baseless accusations of dictatorship, the legislature is merely diminishing its own constitutional standing.
Cho’s refusal to countersign certainly pushes constitutional tension to its limit, but the conflict remains on democratic tracks. This controversy serves as a reminder: the key to resolving political deadlocks lies in utilizing established constitutional mechanisms — such as seeking a constitutional interpretation or holding a no confidence vote — rather than resorting to emotional labeling and accusations of power grabs.
Kuo Chang-yi has a master’s degree in law from National Chengchi University.
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