President Chen Shui-bian (
If the ruling and opposition parties can conduct a rational debate on the country's major issues, such an occasion is much to be anticipated. But the premise is that the legislature will abide by the spirit of the Constitution and in a legal, rational and reasonable manner allows the president to make his report.
In his request, the president said he wishes to explain to legislators such vital policies as the nation's efforts to participate in the UN and cross-strait affairs, in accordance with Article 4-3 in the Additional Articles of the Constitution (
Chen's attempt to communicate should be welcomed by society, as it has considerable jurisprudential significance. It will help overcome a lack of communication between the ruling and opposition parties that has persisted since the presidential election. Yet whether this attempt will succeed in achieving an effective political dialogue will depend on the wisdom of both parties.
Taiwan's government is not a presidential system. The Constitution clearly states that the nation's highest administrative body is the Executive Yuan, and the premier leads the ministers in directing the operations of the central government. The country's highest representational body is the Legislative Yuan, whose role is to monitor the executive's administrative performance.
The president's role is to transcend political parties and serve as a mediator between the five branches of government and as the nation's representative in dealings with foreign leaders. Chen's "state-of-the-nation" address cannot be considered a question session, for this would detract from the status of the executive.
If, in order to gain support for this address, the president chooses to interact with legislators during the delivery of this address, he might choose to use a procedure similar to that adopted by former president Lee Teng-hui (
In former times, the president was elected through a vote of the National Assembly, and Article One of the Additional Articles of the Constitution states that "When the National Assembly convenes, it may hear a report on the state of the nation by the president, review national affairs, and offer counsel." Even though in 1996 the president was directly elected, Lee used this article to address the National Assembly. He heard responses from members of the assembly and to show his respect he concluded with a final report.
Provided Chen is invited by the legislature, he can give the report in the same fashion. After reporting, each party's representative legislators -- in proportion to the make-up in the legislature -- can offer suggestions to Chen, and Chen can respond at the end of the session, or at some other time or place.
Before the Constitution is rewritten, the president needs to abide by the law while seeking ways to satisfy the legislators. The legislature should adhere to the spirit of the Constitution by inviting Chen for a dialogue.
By so doing, the administration and legislature can communicate under the same roof and separate the arms procurement deal from electoral calculations. In this way, Chen's state-of-the-nation report can set a great example in constitutional history.
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