Assume Responsibility for Constitutional Rule

Assume Responsibility for Constitutional Rule
China Times editorial (Taipei, Taiwan, Republic of China)
A Translation
October 2, 2013

Summary: The Shanghai Free Trade Area has been officially launched. Meanwhile, the Taiwan Region remains mired in political struggle, and unable to extricate itself. The Legislative Yuan has shut down four times after reconvening. The Premier is prevented from fulfilling his constitutional duties and obligations. He is prevented from addressing the legislature and answering questions. Who knows when major bills can be passed? The government is in a state of semi-paralysis.

Full text below:

The Shanghai Free Trade Area has been officially launched. Meanwhile, the Taiwan Region remains mired in political struggle, and unable to extricate itself. The Legislative Yuan has shut down four times after reconvening. The Premier is prevented from fulfilling his constitutional duties and obligations. He is prevented from addressing the legislature and answering questions. Who knows when major bills can be passed? The government is in a state of semi-paralysis.

Is the struggle between Ma and Wang merely a personal grudge? Or is it a battle between right and wrong? Either way, it has led to executive vs legislative branch and ruling vs. opposition party political wrangling. As far as the people are concerned, personal grievances between power holders must not override the national interest. Power struggles between political parties must not trample the rights of the people. The national interest and the rights of the people must take precedence over their power struggles.

Is the current political storm the result of a conflict between the president and the speaker of the legislature? If it is, then it is a constitutional matter. Constitutional matters call for political solutions. President Ma has characterized the struggle as a matter of morality. He argues that when it became a matter of criminal justice, it must be handled according to due process of law. Now that the High Court has dismissed the KMT's appeal, Wang Jin-pyng's occupational status is temporarily assured. The public looks to the government to restore normal operations. Ma and Wang should suspend all other political and legal actions. Each should return to his constitutionally mandated post, and fulfill his own constitutional responsibilities.

The premier's situation in the legislature involves constitutional gridlock. That highlights the DPP's stubborn insistence that unless Premier Chiang apologizes, he will not be allowed to enter the Legislative Yuan, any address be damned. So here is a question. Once the central government general budget is sent to the Legislature, will it still refuse to allow Premier Chiang to speak? The Legislature has refused to hear the Premier. Therefore according to the Additional Articles to the Constitution, it must call for a vote of no confidence. It may not stonewall forever, inflicting slow death on the legislature and the executive.

Ruling and opposition party legislators have calculated the cost of their reelection campaigns. They are refusing to dissolve the legislature and call for a vote of no confidence. They have no problem pocketing their generous salaries while allowing the legislature to remain idle. They long ago became the malignancy afflicting democracy on Taiwan, but have yet to acknowledge it. Now consider the matter of impeachment. The threshold for impeaching the President is high.The threshold for a vote of no confidence, by contrast, is relatively low. Calling for the resignation of the cabinet requires a motion by only one-third of all legislators. It is not difficult for the opposition to make such a motion. As the majority party, the ruling Kuomintang must bear responsibility. It has two choices. One. It can refuse to allow such a motion to pass. Another vote of no confidence cannot be proposed within one year. By then the critical 2014 seven in one election will be upon us. By then a vote of no confidence will be irrelevant. The legislature should allow Premier Chiang to fulfill his constitutional duty and obligations.

Two. The KMT can allow the motion for a vote of no confidence to pass, and the legislature to be dissolved. It can allow current public sentiment regarding influence peddling and wire tapping to determine what is politically right and wrong. President Ma will then have to bear responsibility in the even the KMT loses its majority in the legislature. Wang Jin-pyng and the DPP will also have to answer to the public. The KMT could retain its majority, and rehabilitate its image. It could drastically change the suffocating atmosphere in the smoke filled back rooms of today's legislature. But suppose the Kuomintang fails to win a majority? It would be forced to accept a coalition government, or relinquish executive power. The President would be forced to hand over political power. Ma would be in limbo for another two years. Whenever he went out in public, he would have shoes thrown at him. If he chose to hide out in the presidential residence, he would be beseiged by protestors. No decrees would issue from the presidential palace. But at least this would give Taiwan a chance to begin anew.

Consider current reality. Executive Yuan functioning is hampered left and right. Wang Jin-pyng and DPP party whip Ker Chien-ming are pleased as punch with their backroom deals and their manipulation of legislative operations. But at least 40 bills are stalled in the legislature. TISA urgently needs review and approval. The earliest it can pass is by the end of the year. That means agreements between the ROC and other countries will be delayed. The decision whether to continue construction on the Number Four Nuclear Power Plant or to shut it down has been delayed. Pension reform has been shelved. The Executive Yuan Organization Act leaves several ministries in limbo. These entities have not even had the chance to put up signs, let alone change their assignments.

In an even more outrageous development, the DPP minority has been able to paralyze the legislature. The KMT majority has been unable to control the podium. It has failed to ensure the passage of bills. Committee review has nearly collapsed under the weight of systemic backroom deals. Bills and budgets are no longer formulated by professionals. They have become sacrificial offerings in party to party transactions. When bills fail to pass, legislator take no responsibilty. Instead, the people as a whole suffer the consequences.

The Taipei District Court has already issued an injunction preserving Wang Jin-pyng's party membership. The KMT's appeal has been rejected. It can appeal again, but its chances of success are remote. Any civil action is bound to be delayed for some time. Meanwhile the president and the speaker of legislature each have their own constitutional responsibilities. These cannot be postponed indefinitely.

The priority now is for the President to resolve the executive and legislative impasse. Wang Jin-pyng has temporarily retained his official position. He must perform well as speaker of the legislature. He must prove that he can get things done. Allow Premier Chiang to deliver his policy address. He must make every effort to convince the opposition to compromise. If he cannot, he must ensure that major policies and budgets are not delayed. In particular, TISA, which impacts Taiwan's competitiveness in the service sector, cannot be indefinitely delayed.

中時電子報 新聞
中國時報 　2013.10.02
社論－為全民利益 各自擔起憲政責任
本報訊

    　上海自由貿易區正式掛牌，台灣陷入政爭卻不可自拔，開議後的立法院已4次院會停擺，閣揆無法履行憲政權利義務，在國會提出施政報告並接受質詢，重大法案通過更是遙遙無期，政務陷入半癱瘓狀態。

    　馬王之間不論是個人恩怨或大是大非之爭，現實上已造成行政權與立法權、在野黨與執政黨之間的政治角力。對全民而言，權力者的恩怨不能凌駕國家利益，政黨爭權奪利同樣不能把全民利益踩在腳下。國家利益與全民利益應該放在所有政治爭執的最前面來考慮。

    　如果這場風暴是總統與國會議長間的爭執，那是憲政問題，憲政問題應政治解決。但馬總統定調是政治人物的道德問題，進入司法程序後就堅持依法律程序進行。現在台灣高等法院既已駁回國民黨的抗告，王金平院長職務幾乎確定受到暫時狀態保護。全民期待政府恢復正常功能，馬王兩人應暫時停止其他政治或法律動作，各自回到自己的憲法地位，善盡憲法責任。

    　至於行政院長在國會進退不得，那是憲政僵局，照民進黨的堅持，江揆不道歉就不必到立法院，施政報告也罷，試問中央政府總預算案送達立法院後，是否仍不聽取報告？根據憲法增修條文，立法院既拒絕行政院長，就該對行政院提出不信任案，而非無限期擺爛，拖死國會的議事效率，也拖死行政機關的政務效能。

    　朝野立委算計自己的選舉成本，拒絕倒閣解散國會，自己坐領高薪，放任國家空轉，早已成為台灣民主之瘤而不自知。相對於彈劾、罷免總統的高門檻，倒閣相對容易，倒閣案只須三分之一立委提案即可成立，在野黨發動並不困難，做為多數的國民黨更要負起執政黨之責，其選擇有二：第一，不予通過，則1年內不能再對同一閣揆提出不信任案，屆時已是2014七合一選舉政治重洗牌的關鍵時刻，能不能再倒閣一次根本不重要，而立法院就要讓江揆履行其憲政權利與義務。

    　第二，通過倒閣案，解散國會，讓最新民意裁奪「關說」與「監聽」的政治是非，馬總統要承擔失去國會過半席次的風險，王金平和民進黨同樣要接受民意檢驗。國民黨過半，重建國會形象，大刀闊斧修改目前扼殺國會議事生命力的密室協商；國民黨不過半，不論是組成聯合政府或釋出行政權，總統都得認栽，交出政治實權。馬與其不死不活再拖2年，出門必遭鞋嗆，安居官邸遭圍攻，政令不出總統府，至少這是給台灣一個重新上路機會。

    　眼下的現實是，行政院政務推動左支右絀，王金平與民進黨大黨鞭柯建銘引以為傲的朝野密室協商，主導國會的議事效能，但目前至少有40多個急迫性法案全部卡住，隨便舉例，服貿協議急待審查通過，最快也得到年底才能進入逐條審查，意味台灣與其他各國的相關協議都得隨之延宕，此外，核四續建或停建再度進入停擺狀態，年金改革方案根本束之高閣，行政院組織改造後還有多個部會組織法仍在立法院待審中，機關連掛新牌的機會都無，遑論工作的重新調整和布局。

    　更離譜的是，民進黨若在國會以少數遂行其杯葛策略，占有多數席次的國民黨既無力守住主席台，更無力主導法案進度，委員會審查制在朝野密室協商的慣性下近乎崩盤，法案與預算失去專業的判準，成為政治交換、政黨交易的祭品，法案疏失時有所聞，無一立委為此負責，全民卻得承擔苦果。

    　台北地院對王金平黨籍假處分已經裁准，國民黨提出抗告遭到駁回，即使再抗告，翻盤機會微乎其微，至於民事訴訟勢必拖延一段時間，但總統與國會議長都有各自要承擔的憲政責任，不容無限期延宕。

    　目前當務之急，總統要想盡辦法解決行政、立法兩院的僵局，王金平既暫保院長職位，就要做個稱職的國會議長，證明自己在國會的調和鼎鼐之能，讓江揆順利提出施政報告，若盡一切努力仍不能說服在野黨妥協，也要確保政府重大政策與預算案不受拖延，尤其攸關台灣競爭力的服貿協議不能無止境遲滯審查。