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"The Republic of China, founded on the Three Principles of
the People, shall be a democratic republic of the people, to be governed
by the people and for the people." (Article 1, Constitution of the
Republic of China)
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ROC Constitutional Amendments
On May 1, 1991, the ROC president promulgated ten Additional
Articles of the Constitution of the Republic of China 中華民國憲法增修條文,
which had just been passed by the first National Assembly. The articles
were designed to reflect the fact that Taiwan and the Chinese mainland
are administered by two separate political entities. The Additional
Articles also provided the legal basis for the election of the
second National Assembly and the second Legislative Yuan, which
would be representative of the people on Taiwan and overseas Chinese.
After the second National Assembly took office on January 1, 1992,
its delegates adopted Additional Articles 11 through 18.
These articles were promulgated on May 28, 1992, laying the groundwork
for the popular election of the president and vice president of
the Republic of China, the transformation of the Control Yuan from
a parliamentary body to a quasi-judicial organ, and the implementation
of provincial and local self-governance.
On July 28, 1994, the second National Assembly revised the 18
Additional Articles, reducing the number to ten. Under the
revised Additional Articles of the Constitution, the president
was to be directly elected from the ninth-term and the term was
reduced from six to four years. The National Assembly no longer
had the right to recall the president and the vice president. Instead,
when recall of the president was proposed by one-fourth and passed
by two-thirds of the delegates, additional confirmation from more
than half of the voters out of at least half of the total voting
population was still required for recall. The president was entitled
to nominate the president and committee members of the Control Yuan,
Examination Yuan and Judicial Yuan, as well as the grand justices,
with the consent of the National Assembly. Although the committee
members of the Control Yuan were no longer elected, their right
to impeach the president remained. When passed by two thirds of
the entire National Assembly, the impeached person would be dismissed.
From May to July, 1997, the Additional Articles were further
amended.
- The Provincial Government was streamlined and the popular elections of the governor and members of the provincial council were suspended.
- A resolution on the impeachment of the president or vice president is no longer initiated by the Control Yuan, but rather by the Legislative Yuan.
- The Legislative Yuan has the power to pass a no-confidence vote against the president of the Executive Yuan (premier), and the president of the Republic has the power to dissolve the Legislative Yuan.
- The president of the Executive Yuan is to be directly appointed by the president of the Republic, without consent of the Legislative Yuan.
- Educational, scientific, and cultural budgets, especially the compulsory education budget, will be given priority, but are no longer restricted by Article 164 of the Constitution requiring at least 15 percent of the total national budget.
In September 1999, the ROC third National Assembly passed another round of constitutional amendments, which extend the term of delegates from May 2000 to June 2002. Due to the controversial nature of the tenure extension, constitutional interpretation was requested and the Council of Grand Justices ruled the amendments invalid, and the previous amendment promulgated on July 21, 1997, was revived from March 24, 2000.
Another series of constitutional amendments were promulgated on April 25, 2000, to terminate the third National Assembly on May 19, 2000, and establish a unicameral legislative system. Under this newest revision:
- Three hundred delegates shall be elected by proportional representation to the National Assembly, within three months of the expiration of a six-month period following the public announcement of a proposal by the Legislative Yuan to amend the Constitution or alter the national territory, or within three months of a petition initiated by the Legislative Yuan for the impeachment of the president or the vice president.
- Recall of the president or the vice president shall be initiated upon the proposal of one-fourth of all members of the Legislative Yuan, and passed by two-thirds of all the members. The measure must be passed by more than one-half of the valid ballots in a vote in which more than one-half of the electorate in the free area of the Republic of China participates.
- When the Legislative Yuan convenes each year, it may hear a report on the state of the nation by the president.
- Grand justices shall not hold office for life unless they are judges.
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The ROC Constitution is based on the principles of nationalism, democracy,
and social well-being formulated by Dr. Sun Yat-sen, the founding father of
the Republic of China. His political doctrine is known as the Three Principles
of the People 三民主義.
The Principle of Nationalism 民族主義 postulates the equal treatment and sovereign
status for the Republic of China internationally as well as equality for all
ethnic groups within the nation. The Principle of Democracy 民權主義, assuring each
citizen the right to exercise political and civil liberties, is the foundation
for the organization and structure of the ROC government. The Principle of Social
Well-being 民生主義 indicates that the powers granted to the government must ultimately
serve the welfare of the people by building a prosperous economy and a just
society. The three principles have extensively shaped current policies and legislation
in many areas, such as education, land reforms, social welfare, and relations
with mainland China. More recently, they have contributed heavily to political
and economic liberalization.
The Constitution delineates the rights, duties, and freedoms of the people,
the overall direction for political, economic, and social policies, and
the organization and structure of the government. (The full text of the
Constitution and its eleven Additional
Articles can be found in Appendix III.)
The ROC Constitution guarantees various rights and freedoms to all citizens.
Modeled after American constitutional concepts, the rights include equality,
work, livelihood, and property, as well as the four political powers of election,
recall, initiative, and referendum. The people have the duty to pay taxes and
perform military service as prescribed by law. Obtaining an education is considered
both a right and a duty of the people.
The people are also entitled to the freedoms of speech, residence, travel,
assembly, confidential communication, religion, and association. Personal freedom
is also guaranteed. Rights and freedoms not specified in the Constitution are
also protected, if they do not violate social order and public interest.
The law may not restrict freedoms stipulated in the Constitution, unless the
freedoms are abused, the freedoms of others are infringed, or public order is
threatened. Even in these situations, the Constitution permits restrictions
on constitutional rights and freedoms only under specific circumstances. This
is designed to prevent legislative bodies from enacting laws that exceed the
limits established by the Constitution. Restrictions on constitutional freedoms
are valid only if contained in legislation necessary to prevent restrictions
against the freedom of others, to respond to emergencies, to maintain social
order, or to enhance social interest. In any case, arrest, trial, and punishment
must be implemented strictly in accordance with proper legal procedures. If
human rights are violated by the government, the victims are entitled to compensation
by the state.
The ROC Constitution contains provisions for legislation and procedures addressing
important government, economic, and social issues. Chapter XIII of the Constitution
(Fundamental National Policies 基本國策) contains articles on national defense,
foreign policy, national economy, social security, education and culture, and
frontier regions. The policies outline the government's responsibility to provide
necessary support for the welfare and well-being of the people and enable them
to engage in various business and professional activities. Article 10 of the
Additional Articles of the Constitution prescribes specific policy orientations
on several modern issues including scientific development, industrial modernization,
environmental protection, national health insurance, and the elimination of
sexual discrimination.
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