Fri, Jul 05, 2002 page3

• Scholars rail against election ban on students

  ELECTIONS The law does not prevent politics from `tainting' education and is unfair because it does not include schools abroad, academics said at a seminar yesterday

  • By Crystal Hsu / STAFF REPORTER
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  A group of academics yesterday supported calls to lift a ban on students seeking elected office, saying the ban was irrelevant in keeping the influence of politics from the educational establishment.

  "It is neither appropriate nor practical to prevent students from running in elections in an attempt to preserve educational neutrality and social stability," said Wu Chih-kuang (吳志光), a law professor at Fu Jen Catholic University, during a seminar in Taipei.

  "It is equally unrealistic to expect students to remain non-partisan, as candidates with political affiliations stand a better chance of success."

  He suggested policymakers and legislators allow students to decide whether their political ambitions will have a negative impact on their academic performance.

  The academics also found a recent ruling by the Council of Grand Justice both inadequate and vague, as it failed to address whether the ban abridges the students' constitutional right to participate in politics.

  On May 31, the Council of Grand Justices handed down a ruling saying that administrative courts may not refuse to consider litigation brought by a student on procedural grounds.

  Peng Tien-haw (彭天豪), who is seeking a seat on the Taipei City Council in December, was disqualified from entering the legislative race in 1998 when he was a graduate student at National Taiwan University.

  Existing election rules bar students, soldiers, police officers and certain public functionaries from playing any role in election campaigns.

  After trying in vain to take his grievances to the election commission and the administrative court, Pong in 2000 asked the Council of Grand Justices to intervene.

  The council ruled that the administrative court could not refuse to take up Pong's case on the grounds that a remedy was no longer possible, because the election date had passed.

  "The court should launch a substantive review of the case as the elections at issue will be held again in the future," the majority opinion said.

  Yang Tai-shun (楊泰順), who teaches political science at Chinese Culture University, said he found the ruling disappointing, as it made no mention of whether students would be allowed to run for office or take part in campaign activities.

  "Couched in vague language, the ruling is probably a product of compromise," he said. "By sidestepping the legality of the electoral ban, it provides more confusion than enlightenment."

  While claiming victory, Pong, 31, has vowed to fight on until the legislature scraps the exclusionary clause from the election law.

  Yang said it makes no sense to prohibit students from participating in election campaigns, as they can always go back to school later.

  "The measure, intended to discourage students from entering politics, serves only to interrupt their education," he noted.

  Those who wish to complete their education may apply to be re-admitted after the elections. School faculties normally will not withhold approval from such applicants.

  Swei Duh-ching (隋杜卿), a political scientist at National Chengchi University, said he doubted the electoral ban could keep political influence from "tainting" campuses, noting that the law does not bar professors from seeking political office.

  "That being so, candidates may mobilize their students to help out in their election campaigns," Swei said. "Many students may even volunteer to help. I wonder if it would be more desirable and realistic to allow students to freely express their political wishes."

  He argued that the election rules, drawn during the martial-law era, are obsolete now that so many students and intellectuals support one party or another.

  The fairness of the ban has also been called into question because it does not include schools overseas.

  DPP Taipei City Councilor Yen Sheng-kuan (顏聖冠), who studied at a US-based law school, was not asked to give up her identity as student when registering her candidacy in 1998.

  Yang Yu-ling (楊與齡), a former grand justice, said he agrees the election rules should be relaxed but expressed reservations about a full-scale liberalization.

  He said that as a student in China, he was asked by his professor to help solicit votes and ignored his schoolwork for a while.

  "Campus stability is key to social order," Yang said. "Countries where students are enthusiastic about political movements are prone to riots."
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