Constitutional Rights and Freedoms

The Constitution guarantees various rights and freedoms to all citizens. These include: equality before the law; the right to work, seek a livelihood, and own property; and the powers of election, recall, initiative, and referendum. The people have the duty to pay taxes and perform military service as prescribed by law. Obtaining education is considered both a right and a duty of citizens.

The people are also ensured freedoms of speech, choice of residence, movement, assembly, confidential communication, religion, and association. Rights and freedoms not specified in the Constitution are also protected, so long as they do not undermine social order or the public interest.

Restrictions on constitutional freedoms are valid only if contained in legislation necessary to prevent infringement on the freedom of others, respond to emergencies, maintain social order, or enhance social welfare. This is designed to prevent the Legislature from enacting laws that exceed the limits established by the Constitution. In any case, arrest, trial, and punishment must be implemented strictly in accordance with proper legal procedures. If the government violates an individual's rights, he or she is entitled to compensation by the state.

Government Policies

The Constitution specifies areas of concern that require legislation and issues of importance to the state. Chapter XIII of the Constitution (Fundamental National Policies) contains articles on national defense, foreign affairs, the economy, social security, education, and culture. The Additional Articles of the Constitution prescribe policy orientations on several issues, including scientific development, industrial modernization, environmental protection, national health insurance, and gender equality.

Constitutional Amendments

To deal with the threat posed by communist rebels during the Chinese Civil War, the National Assembly on April 18, 1948 adopted the Temporary Provisions Effective During the Period of Communist Rebellion. Promulgated by the National Government on May 10, the Temporary Provisions suspended the Constitution and greatly expanded presidential powers for the duration of the emergency period. As stipulated in the Temporary Provisions, the president and vice president of the Republic could be re-elected indefinitely despite the two-term restriction prescribed in the Constitution.

Following the end of martial law in the late 1980s, and with the reduction of tensions between Taiwan and China, the National Assembly abolished the Temporary Provisions on April 22, 1991, with the aim of fully implementing constitutional democracy as well as fostering the healthy development of Taiwan-China relations. In 1991, President Lee Teng-hui announced the end of the Period of Communist Rebellion as of May 1.

To meet the demands of constitutional rule and Taiwan's contemporary needs, the National Assembly completed six rounds of constitutional revision in 1991, 1992, 1994, 1997, 1999, and 2000. These include a number of significant changes that allow for the direct election of Taiwan's president and vice president; regular elections for all seats in the Legislature; presidential authority to dissolve the Legislature; the Legislature's power to initiate a no-confidence vote against the premier; and streamlining of the functions and organization of the Taiwan Provincial Government.

In 2004, the Legislature passed a package of proposals for constitutional amendments on critical issues regarding parliamentary reforms and improvements to the electoral system. In 2005, the ad-hoc National Assembly ratified the proposed additional articles—including abolishment of itself—which were promulgated by the president on June 10 (see chapter 5, "Democracy and the Electoral System").

Calls for Change

Over the past two decades, there has been a growing swell of support for extensive revision of the Constitution, with more and more people demanding that a totally new "Taiwan Constitution" be substituted. Among the reasons given by various groups for such changes are the following:

• The ROC Constitution was designed by Chinese for China, not by Taiwanese for Taiwan. The Taiwanese people were never consulted regarding their wishes.
• The nation's constitutional name, the Republic of China, should be changed to "Taiwan" or "the Republic of Taiwan." The current official name is an anachronism, referring to a continental nation that was formed when Taiwan was under Japanese sovereignty; that ceased to exist as such in 1949, when the People's Republic of China supplanted it on the continent; and whose government imposed the name Republic of China on Taiwan without the Taiwanese people's consent.
• Taiwan did not become a province of the ROC through a constitutionally legitimate process, or through a process in accordance with customary international law. Technically, therefore, Taiwan does not belong to an entity called "the Republic of China."
• Hardly anyone in Taiwan is happy with the current hybrid presidential-cum-parliamentary system. Most favor a purely presidential or parliamentary system.
• Successive revisions to the Constitution have been solely in the form of "additional articles" that have left the original articles untouched. Several of the original articles are inappropriate and embarrassing, such as those dealing with the representation of Mongolia and Tibet.
• The Additional Articles are only of a provisional nature, as indicated by the sentence that introduces them: "To meet the requisites of the nation prior to national unification, the following articles... are added or amended to the ROC Constitution..." Since most Taiwanese have no desire to unite with the People's Republic of China in the foreseeable future, the above-quoted sentence's implicit idea that "national unification" is desirable or a forgone conclusion is unacceptable.
• Taiwan's indigenous Austronesian peoples are eager to see the addition of a new chapter to the Constitution that deals with their land rights, local autonomy, and other issues critical to the preservation of their cultures and rectifying current and past injustices.

The process for carrying out even simple revisions to the Constitution—let alone for undertaking extensive revisions or adopting a totally new constitution—is very difficult, however, because the thresholds for passing constitutional amendment proposals in the Legislature, and for ratifying amendments through referendum, are extremely high.

National Designation

The name "Republic of China" was first proposed by Sun Yat-sen as China's national moniker in 1905 and was officially adopted on January 1, 1912. In official and popular practice, years in the ROC are calculated from the republic's founding in 1912. Thus, that year was referred to as "the first year of the ROC," and 2007 is "the 96th year of the ROC."

National Anthem

The lyrics of the national anthem first appeared in remarks delivered by Sun Yat-sen at the opening ceremony of the Whampoa Military Academy. The words were later set to music composed by Cheng Mao-yun, and the composition was officially adopted as the national anthem in 1937.

National Flag

The national flag was formally adopted by the government in 1928. It resembles a white sun in a blue sky against a crimson background. The 12 points of the white sun in the emblem symbolizes unceasing progress. On one level, the three colors of blue, white, and crimson stand for the Three Principles of the People. On another level, the colors embody qualities that evoke other concepts enumerated in the Three Principles: blue signifies brightness, purity, and freedom, and thus a government that is of the people; white stands for honesty, selflessness, and equality, and thus a government that is by the people; and crimson exemplifies sacrifice and brotherly love, and thus a government that is for the people.

National Flower

The plum blossom, or Prunus mume, was officially designated by the Executive Yuan as the national flower in 1964. The plum blossom has great symbolic value for Taiwan's people, who have faced many challenges, because of its resilience in the harsh weather of winter. The triple grouping of stamens (one long and two short) represents The Three Principles of the People, while the five petals symbolize the five branches of the government.

Functions

As head of state, the president represents the country in foreign relations and at state functions. All acts of state are conducted in the president's name. These include:

• commanding the armed forces;
• promulgating laws and decrees;
• declaring martial law with the approval of the Legislature;
• concluding treaties;
• declaring war and making peace;
• granting amnesties and commutations;
• appointing and removing civil service officials and military officers; and
• conferring honors and decorations.

All these powers must be exercised in accordance with the provisions of the Constitution and the law.

Special Powers

According to the Constitution and its Additional Articles, the president has the following powers:

• nominating top officials, including the premier; the president, vice president, and grand justices of the Judicial Yuan; the president, vice president, and members of the Examination Yuan; the president, vice president, auditor-general, and members of the Control Yuan; and the prosecutor-general of the Supreme Prosecutors Office (presidential choices must be affirmed by the Legislative Yuan);
• resolving disputes between the Executive Yuan and Legislative Yuan;
• declaring emergency decrees, which must then be confirmed by the Legislative Yuan; and
• dissolving the Legislative Yuan in the case that the premier is dismissed by the Legislative Yuan in a no-confidence vote.

Under the Office of the President are the Academia Sinica, Academia Historica, and National Security Council. Academia Sinica is the nation's premier research institution; Academia Historica is responsible for the care of the national archives and other important historical items; and the National Security Council is charged with assisting the president with setting national security policy.

The Council of Grand Justices

The Council of Grand Justices interprets the Constitution and unifies the interpretation of laws and ordinances. The 15 grand justices, including the president and vice president of the Judicial Yuan, are nominated and appointed by the president of the Republic with the consent of the Legislative Yuan. They exercise administrative supervision over the nation's court system.

The Constitutional Court

In 1993, the Judiciary established a Constitutional Court to adjudicate cases concerning the dissolution of political parties that have violated the Constitution. The Constitutional Court is also empowered to review and decide on the impeachment of the president or vice president of the Republic after such an action is proposed by the Legislative Yuan. The Constitutional Court is composed of the grand justices and presided over by its most senior member.

Commission on the Disciplinary Sanctions of Functionaries

The Commission on the Disciplinary Sanctions of Functionaries adjudicates impeachment cases that are affirmed by the Control Yuan. There are six disciplinary measures the commission may order: dismissal, suspension from office, demotion, reduction of salary, demerit, and reprimand. Only dismissal and reprimand are applicable to political appointees.

Court System

The Judiciary has three levels: district courts and their branches, which hear civil and criminal cases in the first instance; high courts and their branches at the intermediate level, which hear appeals against judgments of district courts or their branches; and the Supreme Court at the highest appellate level, which reviews judgments by lower courts for compliance with pertinent laws or regulations. Generally speaking, issues of fact are decided in the first and second levels, while only issues of law are considered by the Supreme Court.

Supreme and High Administrative Courts

The Organic Act of the Administrative Court mandates use of the "two-level and two-instance system" for administrative litigation. One Supreme Administrative Court and three high administrative courts have been established to adjudicate administrative cases since this law's promulgation in 2000.

The administrative courts have a separate authority from that of the other courts in the system. Any person who claims that his or her rights or interests have been violated by an administrative action on the part of a government agency may institute administrative proceedings before a high administrative court. The high administrative courts decide questions of both fact and law, while the Supreme Administrative Court decides only questions of law.

Special Municipalities

Special municipalities are directly under the jurisdiction of the Executive Yuan. Taiwan currently has two special municipalities: Taipei City, which gained this status in 1967; and Kaohsiung City, which was designated as such in 1979. Mayors of special municipalities serve four-year terms and may be re-elected to a second term. City councils act as a check on city governments.

Taipei, the nation's capital, is also the political, economic, financial, and cultural center of the country. This modern international metropolis covers an area of 272 sq. km, or 0.75 percent of the total area of Taiwan. Its population of about 2.63 million makes it one of the most densely populated cities in the world. Kaohsiung, the nation's second-largest city, is home to the country's largest commercial harbor. It covers an area of 154 sq. km and has a population of 1.51 million. (Figures are as of December 2006.)

In May 2007, the Legislative Yuan passed amendments to the Local Government Act, which now stipulates that counties with a population of more than two million are to be subject to the same regulations covering special municipalities. Taipei County, with a population of more than 3.7 million, is now therefore classified as a quasi-special municipality.

Other Levels of Local Government

Taiwan's five other cities (Chiayi, Hsinchu, Keelung, Taichung, and Tainan) are under the Taiwan Provincial Government, as are 16 of the nation's 18 counties. The counties of Lienchiang and Kinmen are under the Fuchien Provincial Government. In reality, however, the functions of the two provincial governments are mainly carried out by the Ministry of the Interior. Each county and provincial municipality has a county or city government and a county or city council whose main function is to provide a check against its corresponding government. County governments are headed by magistrates, and city governments are headed by mayors, both of which positions are directly elected for up to two four-year terms.

Counties are subdivided into county municipalities and townships. These are led by mayors and magistrates, who are popularly elected for up to two four-year terms. Taiwan currently has 29 county municipalities and 290 townships under county jurisdiction.