Normalization of the Legislature: The Real Issue

Normalization of the Legislature: The Real Issue
China Times editorial (Taipei, Taiwan, Republic of China)
A Translation
September 26, 2013

Summary: Most media polls are unfavorable to President Ma. Many in the KMT are defecting. Some are attempting to effect a reconciliation between Ma and Wang. But we hope President Ma will uphold justice and refuse to retreat. We call on the people to offer their support and to transcend partisanship. Use this rare opportunity to address the problem, to bring order out of chaos, and to restore the legislature to its normal functions.

Full text below:

Ma and Wang continue to wrangle endlessly. The DPP continues to revel in Schadenfreude. The KMT remains plagued by internal power struggles. Politics remains deadlocked. Ma Ying-jeou says the Speaker of the Legislature may not peddle influence with the Judiciary, and must distinguish right from wrong. The Ma vs. Wang struggle cannot continue. We must now await a legal verdict. Influence peddling with the Judiciary is a red line that must not be crossed. It is surely a matter of right vs. wrong. But what matters most is whether the political turmoil will increase everyone's vigilance. The gridlock in the Legislature cannot continue. The normal functioning of a democratic legislature must be restored. Otherwise the nation's competitiveness will continue to decline, and the people will continue to suffer.

The lesions are conspicuous and appear with increasing frequency. The need for solutions is urgent. Superficially the legislature appears full of life. It is constantly in the news. But essentially it is riddled with disease. It could suffer a paralyzing stroke at any time. The Legislative Yuan is paralyzed, and riddled with structural problems. The judicial influence peddling scandal is serious. It urgently requires rehabilitation. The Legislative Yuan has not been a forum for democratic pluralism for some time. It is actually more like the Colosseum, a forum for ruling vs opposition party gladiatoral combat. In public, legislators repeatedly occupy the podium, and engage in shouting matches and physical scuffles. In private, the ruling and opposition parties make all sorts of "you scratch my back and I'll scratch yours" deals behind closed doors. As these under the table deals persist, the public becomes inured. This abnormal behavior in the legislature begins to seem normal.

The scope of the Ma vs. Wang political struggle has expanded, and its intensity has increased. Otherwise, it would never have touched off so much soul-searching. This "shock to the system" is likely to affect the economy and peoples livelihood. People are likely to wake up. They are likely to demand normal ruling vs. opposition party relations and a fully functioning Legislative Yuan. People need political leaders who will see the big picture and offer real solutions. They need more effective lawmakers who will consider the national interest. For precisely this reason, the Ma vs. Wang political struggle must not remain frozen at the level of a political struggle. More thought and action are required. We call for the transformation of negatives into positives. The old habits of the Legislative Yuan must be changed. Democratic institutions must be rebuilt, and return to normal functioning. This will be to the benefit of the nation. It answers to the public. It staunchly upholds the distinction between right and wrong.

When the legislature reconvenes, Wang Jin-pyng will return and preside over it. Some may think this gives the royalists a "home court advantage." But look closely. That is not necessarily true. Wang Jin-pyng may receive public sympathy in the short run. But that does not mean the public agrees that Wang should preside over the legislature. Ruling vs. opposition party battles and legislative gridlock are likely to immediately reappear, just as before. They are sure to rekindle public resentment against the Legislative Yuan and lead to further reflection. They could provide a stimulus. They may clarify the dispute between Ma and Wang. They may lead to legislative and institutional reforms that excise the tumors. Speaker of the Legislature Wang says he seeks harmony, is loyal to his party, and loves his country. He in particular should give serious thought to public expectations that he restore the legislature to its normal functions.

This newspaper has previously noted that "Wang Jin-pyng can hardly disown responsibilty for the chaos in the legislature." We now reiterate, the hallmark of democracy is that the minority must defer to the majority, and the majority must respect the minority. Currently however, the legislature has been turned upside down. It acts totally contrary to democratic norms. Lawmakers are regularly re-elected. Each legislator represents public opinion. But the current legislature's party consultation mechanism defines 3 seats in the Legislature as a caucus, and the KMT with 64 seats as a caucus. No distinction is made between the two. The democratic principle of majority rule is gone. The majority of the public behind the majority party goes unrepresented. Naturally majority voters feel frustrated. Worse still, according to the "Organic Law of the Legislative Yuan." consultations must be videotaped in toto and be made part of the official record. But this requirement has become a mere formality. It has never been implemented. This has thrown the doors wide open to ruling and opposition party backroom deals. Bills are passed in smoke-filled backrooms. They are neither made public nor subject to oversight. Scandals follow, one after the other. This has serious side-effects. This totally undermines the committees' normal legislative procedure, responsibility, and professional review. The quality of legislation has declined precipitously.

The Legislative Yuan has a Disciplinary Committee. It has clearly defined punishments for disciplinary violations. But everyone from the Speaker of the Legislature on down, operates on the basis of "one hand washes the other" Mafia ethics. It has not functioned normally for years. This has resulted in hordes of opposition legislators occupying the podium, and committing assault and battery. Yet never once has any of them ever been referred to the Disciplinary Committee. The legislature's self-regulatory mechanism is worthless. As a result, the majority cannot make decisions. Disruptions cannot be prevented. Consultations remain opaque. Discipline cannot be imposed. The system remains riddled with defects. The KMT governs ineffectively. Whom should be blamed? 

Most media polls are unfavorable to President Ma. Many in the KMT are defecting. Some are attempting to effect a reconciliation between Ma and Wang. But we hope President Ma will uphold justice and refuse to retreat. We call on the people to offer their support and to transcend partisanship. Use this rare opportunity to address the problem, to bring order out of chaos, and to restore the legislature to its normal functions.

社論－國會功能正常化 更是大是大非
稍後再讀
中國時報 本報訊 2013年09月26日 04:10

馬王纏鬥不休，民進黨見獵心喜，加碼國民黨黨內博弈，政治陷入僵局。馬英九強調國會議長不容司法關說，必須堅持大是大非，馬王鬥已無迴旋空間，只能靜待司法解決。司法關說紅線不容踰越，的確是應該堅持的是非之辨；但真正要緊的在於，此次政治風暴是否能讓大家徹底警醒：立法院如果繼續無理性癱瘓下去，不立刻重振民主正常國會應有的效能，國家競爭力將持續流失，吃虧的將是全體百姓。

無論從病灶的明顯性、出現的頻繁性，乃至解決的急迫性來看，立法院表面上看起來活蹦亂跳、新聞高潮迭起，實質上卻是百病纏身，隨時都會中風癱瘓；立法院「隱性癱瘓」的結構性問題，比司法關說問題的嚴重性不惶多讓，亟待治療復建的必要性同樣迫切。長久以來，立院未必是民主多元意見的匯聚地，反倒更像是朝野政治角力的鬥獸場；檯面上重覆出現占據主席台、立委們叫罵扭打的場景，檯面下則是朝野黨團關起門來，熟練進行著各種法案與利益的密室協商。在密室陰暗處搞久了，全民也跟著麻木了，逐漸把國會這些不正常的行徑當成了正常。

如果不是此次馬王鬥政治風暴的層面夠廣、力道夠大，說實在的，還真不容易引爆出這麼深的檢討與反思；我們也相信，在政局危疑震撼，經濟民生都可能受到衝擊之際，民眾將會清醒過來，期待正常的朝野關係與有效能的立法院。民眾需要顧全大局、真正能夠解決問題的政治領袖，更需要有效能、為全民利益著想的立法委員。正因如此，此次馬王鬥所引發的政治風暴，不應該只停留在政爭的迷思，而必須有更前瞻的思考和更有魄力的行動。我們要強力呼籲，積非成是、因循舊習的立法院，必須徹底改革，重建民主機制，回歸正常功能，這才是真正造福國家、對全民負責，更要堅持到底的大是大非！

這次立法院開議，王金平重回議場主持，有人認為這是回到保王派的「主場優勢」，但深究其實，卻又未必。畢竟王金平雖然可能暫時獲得民意同情，卻不代表民眾認同王主導下的國會議事運作。重回國會現場，朝野惡鬥、議事效能不彰，立刻現出原形，必然重新喚起民意對立法院的惡感與反思，對釐清馬王之爭，乃至改革立法院積弊與制度毒瘤，未始不是正面刺激；特別是對有心求和、宣稱「忠黨愛國」的王院長，尤應嚴肅思考如何回應重振國會正常功能的社會期盼。

本報社論之前曾經直指「國會亂象，王金平難辭其咎」，現在更要再次強調，民主政治標舉的是少數服從多數，多數尊重少數，現在立法院卻完全亂了套，已完全違背民主常理。立法委員早已定期改選，每一個立法委員背後都代表民意。但立法院現行黨政協商制度，3席立委是1個黨團、國民黨64席也是1個黨團，議事影響力無分軒輊，民主政治多數決的原則蕩然無存，多數黨背後代表的多數民意，完全失去應有的價值，當然多數選民會備感挫折。尤有甚者，根據《立法院職權行使法》，議案進行協商時須全程錄影錄音、並將紀錄刊登公報，但此規定形同具文，從未落實，導致朝野黨團另闢天地密室協商，法案全憑關門搞定，既不公開也無由監督，醜聞不斷。更嚴重的後遺症是，徹底架空了各委員會分層負責、專業審查的正常立法程序，立法品質大大退步。

此外，立院雖設有紀律委員會，且明訂犯紀行為與處罰規定，但從院長到立委或基於做人情關係、或因為相互袒護做爛好人，多年來幾乎從未行使正常功能；致使在野黨立委動輒霸占主席台、進行肢體衝撞，但卻從未見移送紀律委員會，國會自律機制等於是自廢武功、形同虛設。如此多數不能決、擾亂不能治、協商不透明、犯紀不能罰，百病齊發，國民黨執政無效能，其誰怪之！

儘管當前的民意調查與多數媒體報導方向對馬總統不利，國民黨內也不斷有各方人士奔走，試圖促成馬王和解；但我們期許馬總統，正義是非的堅持不可退卻，更呼籲全民共同支持，跳脫政爭表象，藉此難得契機，直指問題本質，撥亂反正，一舉導正亂象，重振國會正常功能！