While the Executive Yuan is considering the possibility of holding a "consultative referendum" on the Fourth Nuclear Power Plant without a referendum law, analysts yesterday warned that this would be "bad constitutional practice" that could have serious consequences.
Former DPP chairman Hsu Hsin-liang (
Hsu said that, as such, a referendum had the force of a constitutional provision or amendment. It was not something that could be implemented lightly, nor could its results be ignored.
Referring to a remark by Premier Chang Chun-hsiung (張俊雄) that a referendum could still be held without the law, Hsu said, "The premier is being quite irresponsible by making such a remark. There is no doubt about the force of a plebiscite, but the person who orders the vote must take due responsibility. This isn't something to be joked about," Hsu said.
Citing the example of France, Hsu said the French president had the exclusive right to put a policy to a public referendum, but that he would step down if the result went against him.
With opposition lawmakers already spelling out their objections to putting the Fourth Nuclear Power Plant project to a referendum even after a referendum law has been passed, the premier has argued that a referendum could still be held without the law.
Chang, however, claimed that the effect of such a referendum would be merely like that of an opinion poll.
Hsu said that if the Executive Yuan set the example of holding a referendum, there was no guarantee that other sensitive issues, such as Taiwan independence, might not also be put to a referendum.
"Don't take this for granted as a democratic means. We must recognize that in Taiwan, a referendum is politically sensitive," Hsu said.
Chu Yun-han (朱雲漢), a professor of political science at National Taiwan University, said holding a referendum without the authorization of law "would violate the principle of exercising executive powers within the framework of the law. It will involve expenditure of a government budget and the commanding of civil servants to hold a referendum, but the Central Election Commission will not be obliged to carry out the ballot," Chu said.
Usually, a country will only resort to a non-legally based referendum in the case of a collapse of a despot or when the original constitutional system has been interrupted by war, Chu noted.
The KMT said yesterday that the plant project should not be put to a referendum, be it a legally-based one or a "consultative" one, because the project has undergone a complicated legal process in the legislature.
KMT spokesman Wang Chih-kang (王志剛), said, however, that the KMT is supportive of the enactment of the referendum law to set up a mechanism to settle disputes over public policies, and will take the initiative to draft its version of the proposed law.
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