The Significance of Taiwan's Constitutional Reforms

I. Preface
In the face of keen and relentless competition on the international front, the question of how to concentrate the power of the people and further enhance government efficacy is of vital importance to national development. Historical factors and the particular circumstances of our nation now confront the government with a constitutional conundrum in its task of engineering greater efficacy: Most articles in the current constitution no longer suit the current, much less future, needs of Taiwan. Issues to be tackled under the current constitutional framework include the choice between a three-branch or five-branch separation of power, the adoption of a presidential or parliamentary system of government, the election of the president by a relative or absolute majority, support for parliamentary reform with complementary articles, abolishment of the National Assembly and provincial government, lowering of the voting age, modification of the military recruitment system, further protection for basic human rights and the disadvantaged, and additional articles relating to the national economy.

Six rounds of constitutional amendments have taken place over the past ten years. Yet, the political circumstances surrounding each round of constitutional amendment have limited revisions to only certain specific issues. There has never been any comprehensive re-examination and revision of the constitution. Although previous amendments have solved some constitutional problems, they have also resulted in more conflicts and deadlocks in the operation of constitutional government.

This round of constitutional reform aims to enhance good governance and increase administrative efficacy, to foster a solid foundation for the democratic rule of law, and especially to ensure long-term stability and prosperity of the nation. Now is a critical time for the consolidation and deepening of democracy. President Chen Shui-bian has said that by the end of his presidency in 2008, he hopes to complete a two-phase constitutional reform project and hand to the people of Taiwan and this country a new version of constitution, one that is timely, relevant and viable. This is his historic responsibility and his commitment to the people.

As consensus has yet to be reached on issues related to national sovereignty, territory and the subject of unification versus independence, President Chen has explicitly proposed that these particular issues be excluded from this round of constitutional reforms.

II. Objectives of constitutional reform
A. Elevating the quality of good governance and strengthening overall national competitiveness

B. Enriching the substance and raising the quality of democracy in Taiwan

C. Improving basic human rights and safeguarding social justice

III. The first phase of constitutional reform
A. Substance

 1. Focusing on parliamentary reform

 2. Five major issues of reform are

   a. Halving the number of seats in the legislature, from 225 to 113

   b. Changing the legislative term of office from three to four years

   c. Establishing a single-constituency, two-ballot system

   d. Abolishing the National Assembly and adopting the right to referendum: transferring the power to vote on constitutional amendments from the National Assembly to the voters of Taiwan

   e. Transferring the power to impeach the president and the vice president to the grand justices

B. Timetable

 1. The Legislative Yuan passed a resolution for constitutional amendment on August 23, 2004

 2. Members of an ad hoc National Assembly were elected on May 14, 2005

 3. The National Assembly passed related amendments and completed the first-phase constitutional reform on June 7, 2005. The result of the vote was 249 for, 48 against, and one invalid

C. Mission of the ad hoc National Assembly and election results

 1. Mission: Voting on the resolution for constitutional amendment passed by the Legislative Yuan on August 23, 2004

 2. Election results

   a. Eighty percent of people who cast votes supported the Legislative Yuan's resolution of August 23, 2004

   b. Three hundred members were elected to the ad hoc National Assembly: the Democratic Progressive Party won 42.52 percent of all votes cast and took 127 seats; the Kuomintang won 38.92 percent and 117 seats; the Taiwan Solidarity Union captured 7.05 percent and 21 seats; and the People First Party took 6.11 percent and 18 seats

D. Significance of the first phase of constitutional reform

 1. Halving the number of seats in the legislature and implementing a single-constituency, two-ballot system

   a. Eradicating corruptive practices during elections: By raising the electoral threshold, vote buying will become less prevalent

   b. Improving the quality of public service: Political parties must attach greater importance to comparing and competing for policies, which in turn will lead to the formulation of policies that benefit the vast majority of people; legislators have to behave more rationally and avoid extremism

   c. Bringing about the stable development of multiparty politics in Taiwan and the formation of a sound environment for positive competition between the two major parties

 2. Extending the legislative term of office to four years

   a. Synchronizing the terms of office for both the president and legislators

   b. Reducing the number and frequency of elections to one every two years to prevent the waste of public resources and excessive political mobilization

 3. Abolishing the National Assembly and enshrining the right to referendum in the constitution

   a. Abolishing the already nominal National Assembly and giving the people the final say on constitutional amendments

   b. Endowing the people with the power to approve constitutional amendments rather than just to initiate them, which will protect direct civil rights and promote constitutional reform through thorough discussion and rational debate in the legislature

   c. Constructing a unicameral congress to strengthen checks and balances between the legislative and executive branches

E. Future mechanism of operations of constitutional government

 1. Upon completion of the first phase of constitutional reform, constitutional amendments will be conducted according to the following two steps

   a. Legislative Yuan: Constitutional amendments cannot become a bill until proposed by one-fourth of the total number of legislators and approved by a three-quarters majority of a quorum of at least three-fourths of the total number of legislators

   b. National referendums: Half a year after promulgation, the constitutional amendments proposed and approved by the legislature will be put to a referendum, which needs the consent of more than half of the Taiwanese citizens eligible to vote to pass

 2. The public has expressed great concern regarding the direction of future constitutional amendments, which are based on the following premises

   a. All constitutional amendments must be rooted in the will of the 23 million people of Taiwan and national consensus

   b. The people of Taiwan have yet to forge a consensus on issues involving national sovereignty, territory, and the question of unification versus independence. President Chen Shui-bian has clearly suggested that these issues be excluded from the agenda of this round of constitutional reform

 3. To foster public consensus, dialogue between the governing and opposition parties and participation by the people are needed as follows

   a. Constitutional reform may start with the areas of consensus reached between the governing and opposition parties. Through rational dialogue, policy debate, and respect for each other's proposals and positions, the governing and opposition parties can maximize their efforts to seek common ground to meet the nation's need and the people's expectation

   b. In addition to consultation and dialogue among political parties, the procedures for constitutional reform will stress the participation of the people, civic groups, and local governments. Through the people's extensive participation in relevant debates, the constitutional culture can be molded to a greater extent

IV. The second phase of constitutional reform
A. Substance

 1. Consolidating the protection of basic human rights

   a. Strengthening the human rights checklist, including three basic labor rights (the right to organize, right to collective bargaining, and right to collective action), a special chapter on indigenous peoples, and the lowering of the voting age to 18 years-of-age

   b. Establishing a mechanism to protect human rights, including a provision in the constitution for a human rights committee

 2. Deciding governmental systems and the separation of governmental powers

   a. Adopting a presidential or parliamentary system of government

   b. Establishing a three-branch constitutional government or maintaining the existing five branches

   c. Maintaining military conscription or adopting a voluntary system of recruitment

   d. Continuing or abolishing the provincial government

   e. Streamlining the levels of local government

B. Timetable: The new constitution will be decided by referendum at the end of 2006, and will become effective from May 20, 2008

C. Significance

 1. Safeguarding basic human rights so as to protect human rights and social justice

 2. Reforming governmental systems so as to improve good governance and efficacy

 3. Constitutional reform represents not only the transformation of the related constitutional system but also the process of consolidating public consensus and the shared experiences of realizing democratic principles

V. Influence of constitutional reform on cross-strait relations and regional peace
A. Promotion of constitutional reforms will enable Taiwan to become a normal, complete, and competitive modern democratic country. It will have positive implications and contribute to regional peace and stability, and create favorable conditions for sustainable prosperity, development, and progress of the Asia-Pacific region

B. The process of Taiwan's democratic development is a valuable experience and asset in the global trend toward democratization. It can be shared with or referred to by nations undergoing democratic transformation, and act as a model for other countries in the Asia-Pacific region

C. Only when China becomes more democratic at home can there be room for development in cross-strait relations. With the experience of reforming and strengthening its own democratic development, Taiwan is more than happy to act as a catalyst and beacon for China's democratization. This, in turn, can establish a cornerstone for permanent cross-strait peace and prosperity