Constitutionally Defined Roles must be Clearly Delineated

Constitutionally Defined Roles must be Clearly Delineated
China Times Editorial (Taipei, Taiwan, ROC)
A Translation
April 11, 2008

Vice President elect Vincent Siew has been in the media spotlight lately. His visibility has been high. He will be attending the Boao Forum. Clearly he is no shrinking violet. Prior to the elections, Ma Ying-jeou announced that Mr. Siew would have a key role in Taiwan's economic reconstruction. He said that once the Blue camp returns to office, it would rely on his financial and economic expertise. He would participate in future economic planning. Here we would like to remind the incoming administration in advance to pay close attention to the constitutional issues, in order to avoid future problems.

Ever since March 20, Siew has consistently characterized himself as the man at the financial helm. A few days ago he told the media that after May 20, oil prices will be adjusted upward in a single step. We do not oppose such a policy, but it would be more appropriate to leave such specifics to the minister of economic affairs or the Premier. Siew also said that future Premiers ought to have such a tacit understanding. Soon after Siew made his remarks news emerged that Liu Chao-hsuang would be appointed Premier. Liu was once Siew's Deputy Premier. They have an understanding. But that is not the point. We have no objections to Ma's cabinet appointments. But we feel that even though co-operation between Ma, Siew, and Liu may be good, it is inappropriate for the Vice President elect to be setting all these pre-conditions for the future Premier.

After Ma Ying-jeou was elected President, he was interviewed by the media. He said that he would depend heavily on Mr. Siew to coordinate between the Executive Yuan, the Legislative Yuan, and KMT Party headquarters. We celebrate the harmonious and cooperative relationship between the President and Vice President. But we must demand that the roles of the President, Vice President, and Premier be clarified in accordance with the constitution. We would prefer to be gadflies, and faithfully express our concerns in advance. We would prefer not to wait until problems arise to engage in criticism.

The Vice President's role is to replace the President in the event of the President's death or resignation. Apart from that, the constitution does not specify his authority and duties. How his talents are used depends on a mutual understanding between him and the President. When appropriate, a President may rely on his Vice President. But a Vice President must remember his place. If the Vice President constantly issues policy directives, if a coordinator becomes a commander, if a Vice President becomes a de facto President, he has exceeded his authority. The President cannot authorize the Vice President to exercise greater authority than the President himself. According to the constitution the President is the chief executive. But according to the constitution the Executive Yuan is the highest-ranking executive body, and the Premier is the head of the Executive Yuan. Within the limits of the Executive Yuan's authority, the President must respect the Premier. The Vice-President even more so. Siew is merely Vice President elect. He must know his place. Whether oil prices should be adjusted upward in a single step does not sound like something that the President has the authority to decide. It is not among Ma Ying-jeou's campaign pledges. It is not something the Vice President has the constitutional authority to decide in place of the Premier.

The constitution authorizes the President to appoint the Premier. The President elect has not authorized the Vice President elect to set preconditions for the future Premier. And even if he had, it is inappropriate for the Vice President elect to be issuing these directives. This merely provokes suspicions that members of the incoming administration are jockeying for positions. Ma Ying-jeou may not mind if Vincent Siew plays an active part in his administration. But that doesn't mean the Executive Yuan must take orders from the Vice President. As Vice President, Mr. Siew may have been authorized by the President to act as a facilitator, to help ensure full cooperation with the Executive Yuan in matters of finance. But if he exceeds his authority, if he interferes with the Executive Yuan's authority, he will be acting contrary to the the President's intentions.

Political appointees must be treated with respect. The Premier is the head of the cabinet. The President must accord him due respect, particularly over cabinet appointments and policy formulation. The Premier must not be viewed as a subordinate who can be arbitarily ordered about. The Premier is the head of the cabinet. His cabinet members should be accorded all respect due political appointees. Only if they set policy, can they apply their extensive knowledge and take responsibility for any consequences. Only then will they be responsible policy makers, instead of mealy-mouthed Yes Men. Over the past eight years, cabinet members have been hired and fired according to whim. Hence their reluctance to fulfill their duties. The new government must not make the same mistake. The President and the Executive Yuan must know their place. The Vice President even more so.

The Vice President elect has announced specific personnel appointments and policy directions. This is micromanagement, and calls his leadership skills into question. He must not to set a bad example for the new administration.

Siew is a highly qualified financial and economic expert. He is the former boss of the new Premier. But Siew is the future Vice President. He has no constitutionally delegated authority. Nor can he usurp the authority of the Executive Yuan and the cabinet merely because the President trusts him. If he gives the impression that he is the financial and economic policy maker, and not merely an outside facilitator, the new administration may well undergo a crisis of leadership. That would be unfortunate. The incoming administration must proceed with caution.

中時電子報
中國時報 　2008.04.11
千萬別混亂了憲政角色的分際
中時社論

　副總統當選人蕭萬長最近常在媒體曝光，能見度甚高，即將出席博鰲論壇，顯然不是沒有聲音的人。在大選之前，馬英九先生即曾宣布蕭先生將是台灣經濟重建的要角；表示藍軍執政之後，將會借重其財經長才，參與將來的經濟規畫。在此我們還是想提醒一下，儘早注意相關角色在憲政上的高度與分際，或許可以減少日後許多不必要的紛擾。

　三二○以來，蕭萬長曾不時以財經掌舵的角色自居。例如他日前向媒體表示，五二○之後油價將「一次漲足」，這樣的政策觀點，我們也許並不反對，但總是認為如此具體的政策，留給經濟部長或行政院院長加以決定為宣布，較為恰當。另外蕭也曾表示將來的閣揆最好能與他有若干默契；不久後即已傳出將由劉兆玄組閣的消息。劉曾是蕭院長的副院長，默契十足，不是重點；我們對閣揆的人事安排，也無意於此表示意見，只是覺得縱使馬蕭劉合作無間，由副總統當選人以自己為中心，公開對將來的行政院院長設定隱形的條件，實有諸多不妥。

　馬英九當選總統後接受媒體訪問時，確曾表示，將來行政、立法與政黨之間的協調，要多倚重蕭先生的長才。我們固然欣見正副總統與行政院長彼此水乳交融，合作無間，但仍不得不對總統、副總統、行政院院長之間的角色，提出憲法高度的釐清。我們寧可先做烏鴉，忠實地提出憂慮，而不希望在問題出現之後，再做事後的批評。

　副總統是備位元首，憲法上並無既定的職權與任務，如何適當發揮政治上的功能，要視其與搭檔之間的溝通與共識而定。總統可以在恰當的領域以恰當的方法借重副總統，但副總統自己一定要有分寸。如果副總統不時宣告政策指示，協調者成為施令者，備位成為元首分身，就會出現逾越尺度的顧忌。從制度上說，總統對副總統的授權，不會大過自己的權柄範圍。在憲法所列舉屬於總統的職權事項上，總統固然是最高的決策者；在憲法所列舉以外的事項上，行政院仍然是概括的最高行政機關，行政院院長才是行政院的首長。凡是行政院的職權範圍，行政院院長必須受到總統高度的尊重，副總統更是不在話下。蕭先生現在還是副總統當選人，誠宜深切體會此中應有的分際。油價是否一次漲足，怎麼說都不像是總統的職權，不在馬英九競選政見的範圍之內，看不出來如何可由副總統代替行政院行使憲法上的職權，加以決定。

　再如任命行政院院長，本是憲法明定專屬於總統的權力。不說總統當選人未曾授權副總統當選人開設閣揆人選條件；就算是確有授權，以副總統做為中心開設條件，也不恰當，徒然招惹人事卡位的聯想與是非而已。如果馬英九原不介意蕭萬長積極發揮政治上的功能，仍不該因此使得行政院聽命於副總統。蕭先生身為副總統，可經總統授權成為政治上的潤滑劑，在財經決策上恰如其分地與行政院團隊充分合作；如果落人口實，成為總統干預行政院決策的政治包袱，那絕不該是授權的本意。

　我們在此也要強調政務官受到尊重的重要，行政院院長是內閣之首，總統必須給予足夠的尊重，特別是內閣人事安排與政策形成，都不該將院長看作僚屬任意指使。行政院院長領導內閣，對於所任命的閣員，亦須給予政務官應有的尊重，由其掌握政策方向，才能集結器識恢宏，肯負政策責任，知所進退的方面大員，而不是受到唯唯諾諾的倖進之徒包圍。過去八年，閣員被招來揮去，五日京兆充斥，與此極有關連，新政府不該重蹈覆轍。總統與行政院院長尚且應該掌握分際，副總統更無越俎代庖之理。

　副總統當選人宣示具體人事與施政方向，制度上有所不宜，領導統御上也有商榷餘地，千萬不要壞了政治風範與規矩。

　蕭萬長確實財經資歷完整，經驗豐富，是未來可能閣揆的舊上司，但蕭先生將要擔任的是副總統，並不享有憲法實權，也不該因為總統信任有加，即可取代行政院院長及內閣閣員的職位角色。一旦予人成為財經政策太上領航人的印象，而不只是從旁照料協助而已，新政府財經團隊恐有領導系統分歧，政出多門的問題，不是國家之福，慎之慎之！