Legislative Despotism Will Throttle Taiwan's Future

Legislative Despotism Will Throttle Taiwan's Future
China Times editorial (Taipei, Taiwan, ROC)
A Translation
July 25, 2014

Summary: During recent debates over the workings of the ROC government, critics have often advanced a two-faced argument. On the one hand, they have accused the executive branch of impotence. On the other hand, they have accuse the executive branch of despotism. Consider the accusations of executive branch despotism. These were particularly strident during the Sunflower Student Movement protests. Some even shouted, "When dictatorship is a fact, revolution becomes a right." But is the executive branch in fact despotic and dictatorial?

Full Text Below:

During recent debates over the workings of the ROC government, critics have often advanced a two-faced argument. On the one hand, they have accused the executive branch of impotence. On the other hand, they have accuse the executive branch of despotism. Consider the accusations of executive branch despotism. These were particularly strident during the Sunflower Student Movement protests. Some even shouted, "When dictatorship is a fact, revolution becomes a right." But is the executive branch in fact despotic and dictatorial?

Given the current political environment on Taiwan, the problem with the executive branch is not despotism, but impotence. Allegations of despotism are absurd. Allegations of dictatorship are even further from the truth.

Both impotence and despotism are highly detrimental to national development. So why is the executive branch so impotent? To begin with, both its decision-making and execution have left much to be desired. Also, a genuine despot does reside among the Taiwan authorities. That despot is the Legislative Yuan. A despotic Legislative Yuan has seriously undermined Executive Yuan governance, and precipitated a major crisis in the nation's development.

We must identify the source of the government's impotence. We cannot afford to blindly lash out at the executive branch. Turning the executive branch into a whipping boy will not solve the problem of government impotence. It will not resolve the crisis threatening our country.

Legislative Yuan despotism on Taiwan came about gradually. Seven constitutional amendments altered the system's structural framework. They gradually expanded the powers of the legislature and judiciary. For example, In 2000, the National Assembly was stripped of its powers. In 2004, the 7th constitutional amendment abolished it altogether. The legislature is now the sole remaining elective body in the central government. Both its symbolic and substantive powers were expanded substantially.

Meanwhile, two ruling party changes have resulted in political party control of the government. The era of executive dominance is over. Ruling party lawmakers are still constrainted to some extent by party discipline. But the constraints have been significantly weakened. The legislative branch has grown stronger. It has long since ceased being a rubber stamp for the Executive Yuan.

This is evident from many major bills in recent years. When the executive and legislative branches disagree, the executive branch seldom prevails.

Earlier this year, the Legislative Yuan passed the "Communications Security and Surveillance Act." It amended the law to limit police access to phone records. The ostensible goal was the protection of human rights. In fact, it severely weakened the ability of prosecutors and police to carry out their duties. When the legislature was amending the law, the public urged legislators not to react emotionally to the Ma vs. Wang dispute. They urged legislators not to amend the law in such a manner that would led to recurring problems, prevent the maintenence of order, and even harm victims' rights. But ruling and opposition legislators were unmoved. They stubbornly insisted on amending the law as an act of vengeance. The political pressure was more than the executive branch could withstand. Sure enough, as soon as the law was passed, serious problems arose. Now the legislature has no choice. It must reconsider whether to pass the Communications Security and Surveillance Act.

This unprofessional and reckless legislative process, which did not even bother to consider consequences, was not limited to the Communications Security and Surveillance Act. It has happened with many important bills and policies, including income tax reform, pension reform, and the adjustment of gasoline prices and electricity rates. Every reform bill that goes through the legislature gets altered beyond recognition. They not only fail to achieve their original objectives, they actually end up being counterproductive.

The most worrisome is the STA, which remains stalled in the Legislative Yuan. The government has only until the end of the year to sign the ROC-ROK free trade agreement. President Ma has expressed "extreme anxiety."

Taiwan and South Korea export products to the Mainland. Anong these, the overlap is between 70 and 80 percent. South Korea is about to sign an FTA with the Mainland. Once it does, tariffs will be substantially reduced. Industries on Taiwan will face fierce competition. President Ma is not the only one who is anxious. Countless members of the public are concerned about the economic future of Taiwan.

But worrying is useless. Any bills affecting cross-Strait trade or relations fall victim to the legislature, which automatically resorts to its old trick of using brute force to occupy the podium. Over the past six years, the DPP has forcibly occupied the legislature 89 times. When the legislature spins its wheels, bills cannot get out the door. As a result, the entire nation winds up spinning its wheels.

This leads us to another form of minority despotism within the Legislative Yuan. As long as a policy fails to meet with ruling and opposition party approval, a minority can occupy the legislature, paralyze Executive Yuan policy and legislation. Legislators care nothing about the plight of the country. They care nothing about the fact that our competitors are passing us while we spin our wheels.

The Legislative Yuan is responsible for stalled bills. But the Executive Yuan gets the blame for Taiwan spinning its wheels. As the expression goes, "The black dog is the one chewing on one's leg, yet the white dog is the one hit with the stick."

The people need to realize that the acid test confronting them today is no longer a "boiling frog syndrome." The pot in front of them is already at a full boil. We truly cannot sit back and watch as legislative despotism undermines our nation's future..

There is only one way to set things right. The public on Taiwan must open its eyes. They must step forward and support policies they know to be right. They must firmly support the government's efforts on behalf of cross-Strait stability and free trade. They must help the nation move in the right direction, and recover its lost competitiveness. They must clarify who the real culprit is who is hindering our nation's development, and punish them at the ballot box.

社論－立法專擅 扼殺台灣未來
2014年07月25日 04:09
編輯部

在討論近來台灣政府運作的觀點中，常出現一種兩面性批評，一方面指責行政機關失能，另一方面又指責行政機關專擅。這種行政專擅的指控，在太陽花學運時尤其激烈，甚至喊出：「當獨裁成為事實，革命就是義務。」但行政機關真的專擅或獨裁嗎？

以當前台灣的政治生態來論，行政機關的問題不在專擅而在失能，謂之專擅已屬太過，以獨裁斷論，更是背離事實。

不管是失能或專擅，對國家發展都極為不利，而行政機關何以失能呢？除了決策品質與執行力不彰的問題之外，另一個重要因素是，台灣另有一個真正專擅的機關：立法院。專擅的立法院，嚴重拖垮了行政效能，陷國家發展於重大危機。

若未能正確認識政府失能的本源，就將砲口單一指向行政部門，只是讓行政部門變成出氣筒，無法解決行政失能的現象，更無法扭轉國家的危機。

台灣出現的立法專擅現象，是逐漸衍生的歷史過程。在制度結構面上，這和過去台灣7次修憲，立法權與司法權漸次獲得憲政制度上的權力擴張有關，例如，國民大會代表在民國89年第6次修憲被虛級化，到民國93年第7次修憲時則完全廢除，中央民意機關只剩下立法院，不論象徵或實質性的權力都大幅上升。

另一方面，經過2次政黨輪替，在政治文化上，以黨領政、行政權獨大的時代也一去不返，執政黨領袖透過黨紀約束黨籍立法委員的力量雖然仍在，但已大幅削弱，立法權日漸壯大，早已不是行政院的橡皮圖章。

這可以從近年來諸多重大法案，當行政與立法兩院意見不合，結果行政權經常討不到便宜得到驗證。

以今年初立法院通過《通訊保障及監察法》修正為例，修法限制警察取得人民電話通聯紀錄的權力，目的在保障人權，卻造成檢警執法能力嚴重削弱。在修法時，各界即不斷呼籲立法委員不要因為馬王之爭意氣用事，修出窒礙難行、妨害治安維護甚至傷害人民權益的惡法。但朝野立委不為所動，仍執意採取報復式修法。當時政治能量陷於谷底的行政部門也只能接受。生效後果然發生嚴重問題，現在立法院不得不重新檢討是否重修通保法。

這種不問專業、更不計後果的專擅議事，不只發生在通保法的修法上。許多重大法案與政策，包括證所稅、年金改革、油電價格合理化，每一項改革法案，只要經過立法院，就被修得面目全非，不但原來的改革目的沒有達到，反而引起反效果。

而其中，最讓人憂心的莫過於在立法院裡躺平的《兩岸服務貿易協議》。眼見年底將完成簽署的中韓自由貿易協定，馬總統表示「心急如焚」。

台灣與南韓外銷中國大陸的產品有7、8成相同，南韓完成中韓FTA的拼圖後，關稅大幅減少，台灣的產業將面臨生死存亡的激烈競爭。心急如焚的不只是馬總統，還有所有關心台灣經濟未來的民眾。

但著急何用？只要和兩岸有關的法案，立法院就是反覆跳針上演霸占主席台的戲碼。過去6年來，民進黨霸占國會即高達89次。國會空轉意謂政策法案出不了立法院的門，結果是國家空轉。

這又形成另一種立法院內部的少數專擅，只要政策不合在野黨意，就以少數霸占國會，癱瘓行政院的政策與法案。不在乎國家因此陷入空轉困境，也不在乎貿易對手在台灣空轉的同時大步超越我們。

卡住法案的是立法院，而最後承受台灣空轉、行政失能罵名的卻是行政院。變成了「黑狗扯後腿、白狗挨棒子」的責任混淆。

民眾必須意識到，眼前的嚴苛考驗已不是還可以慢慢耗等的「溫水煮青蛙」，而是就在一步前方的滾燙沸水。我們真的已經沒有多少時間與空間，繼續坐視立法專擅傷害國家的前景，坐視國會空轉耗掉台灣的未來。

要撥亂反正其路無他，台灣人民必須快快睜開雪亮的眼睛，挺身為對的政策擔當後盾，堅定支持政府穩定兩岸、加速自由貿易化進程的經濟政策，讓國家走上正確方向、追回失去的競爭力。同時，也要釐清誰是阻礙國家發展的真正元凶，用選票制裁。