Wed, Feb 08, 2006 page8

• Editorial: Put the Constitution first

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  Following President Chen Shui-bian's (陳水扁) Lunar New Year address, in which he proposed putting constitutional amendments to a referendum and passing them into law this year, the Taiwan Solidarity Union (TSU) and the People First Party (PFP) proposed that a Cabinet system of government be adopted and that an amended Constitution should enshrine this.

  Since 1991, the Constitution of the Republic of China (ROC) has passed through seven rounds of amendments, a high number compared to the constitutional history of other nations. Nevertheless, the Constitution is still far from satisfactory and there have been calls for further amendments. The heart of the matter is that the current Constitution was drawn up for a nation that encompassed China and its vast population, rather than the small nation of Taiwan.

  Constitutional amendments face many more hurdles in Taiwan than in other countries. Some of these reflect domestic pressures, such as the desire of conservatives to leave the main text intact, while adding and subtracting articles, to preserve the continuity of the ROC's constitutional "legitimacy." On the international front, Taiwan is also prevented from drawing up a new constitution for fear of international perceptions that it is seeking independence. Amendment is further hindered by the requirement of a three-quarters majority in the legislature to pass amendments. Each round of constitutional amendment has been confined to resolving urgent political matters. Constitutional reform has therefore undergone many twists and turns, reflecting ongoing conflicts and compromises.

  In 1990, most people believed that the original spirit of the Constitution tended toward a Cabinet system, and therefore proposed amendments based on this understanding. Following then-president Lee Teng-hui's (李登輝) appointment of then-minister of national defense Hau Pei-tsun (郝柏村) to the premiership, it was feared that a Cabinet system would concentrate too much power in Hau's hands, so opinion turned toward a dual executive or presidential system. Although this managed to maintain a political balance in the short term and avoid political confrontation, it is this pragmatic attitude that has prevented the Constitution from serving as the basis of long-lasting and secure governance.

  A year ago, the majority of people favored a shift from the current dual-executive system to a presidential system, under which there is a clearer division of power and responsibility. But following the surge of support that brought Ma Ying-jeou (馬英九) the Chinese Nationalist Party (KMT) chairmanship, followed by the party's strong performance in local government elections last year, Ma has become a shoo-in for the presidential nomination in 2008. In response to this development, the TSU and the PFP now favor a Cabinet system, believing that by shifting power to the legislature, they can prevent a concentration of power in the hands of the KMT chairman. Such use of constitutional amendments as a weapon to achieve short-term political objectives will limit the number of amendments that can be realistically passed.

  Now that constitutional amendment has built up some momentum, it should be directed at longer-term goals. The public should be allowed to participate in the debate, there should be bottom-up discussions between the political parties, and the public should be educated about the importance of the nation's fundamental document. This will establish the new constitution as a foundation of long-term political and administrative stability.
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