Taiwan’s public policy advocacy groups, along with Taiwan think tanks, recently held a forum to discuss the controversial “Parliamentary Reform Act” passed by the Legislative Yuan of the Republic of China on May 28. Experts pointed out that the amendment to the Organic Law of the Legislative Yuan has shifted the balance of power between the executive and legislative branches from one of equality to one of hierarchy.
On June 12, host and director of the Research Center for Sustainable Technology Governance at National Taiwan Ocean University, Jiang Yaqi, emphasized the increased attention on the issue of parliamentary expansion recently. There has been discussions within the domestic legal community, comparative analysis between political systems in various countries and Taiwan’s own system. Furthermore, Taiwan’s society has shown unity and strength in the face of this issue by mobilizing citizen power.
The controversial process of the Legislative Yuan passing the parliamentary expansion bill proposed by the ruling party caused significant debate. The Taipei Bar Association, the National Bar Association, the Judicial Reform Foundation, and over 90 legal scholars issued a statement questioning the constitutionality of the parliamentary reform. Over 50 civic groups in Taiwan initiated the “Bluebird Action” protest, with more than 100,000 people taking to the streets on May 24 and over 70,000 marching on May 28, receiving support from residents in 15 counties and cities across the island. “Bluebird” has become the symbol of civic resistance, represented by the Qingdao East Road adjacent to the Legislative Yuan.
Dong Siqi, Deputy Executive Director of the Taiwan Think Tank and convener of Taiwan Public Policy Advocacy, highlighted the serious constitutional issues regarding recent bills proposed by opposition parties in the Legislative Yuan, concerning both parliamentary expansion and fiscal allocation. He called for more social discourse, especially encouraging more young people to engage in political expression to vocalize different generational perspectives and foster consensus within the Taiwan political community through deliberative discussions.
Lawyer Lai Zhongqiang, convener of the Economic Democracy Union’s think tank, elaborated on the details and implications of the parliamentary expansion amendment. He emphasized that the revised Organic Law of the Legislative Yuan has shifted the relationship between the executive and legislative branches from equality to hierarchy, potentially affecting the administration of public affairs in a lawful manner. He argued that the issue at hand is not about “parliamentary expansion” but rather about “parliamentary abuse”, as the Legislative Yuan has the right to enhance and amend details of laws within the constitutional framework, but this particular amendment raises multiple concerns.
Lai Zhongqiang pointed out that the provision requiring the President to deliver a national report followed by immediate questions and answers from legislators goes beyond the constitutional rights granted to lawmakers. This procedure undermines the original purpose of the presidential report and nation address in fostering national unity and communication with citizens. Such practices could deviate from the intended purpose of consolidating national identity.
Assistant Professor Chen Fangyu from the Department of Political Science at Soochow University stressed that the controversy surrounding the amendment is not solely about parliamentary expansion, but also concerns related proposals which are raising concerns among the public. For instance, the proposed “National Security Strategy Act” transferring the authority of the National Security Council under the Executive Yuan, combined with parliamentary expansion, poses risks of exposing sensitive national security information in Taiwan. Additionally, legislation such as the re-licensing of CtiTV, amendments to the Anti-Infiltration Law, and revisions to the high threshold in cross-strait negotiations (Article 5-3 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area) not only raise questions about legislative expansion and infringement issues but may also inadvertently pave the way for increasing influence from the Chinese Communist Party.
Associate Professor Fan Gengwei from the Department of Law at Dong Hwa University pointed out significant issues with the legislation concerning contempt of parliament. Problems include unclear application of contempt during questioning and inadequate procedural safeguards for contempt during hearings, which conflict with the constitutional principles requiring clear legal procedures and due process in exercising parliamentary investigative powers.
Fan Gengwei noted that this legislation might lead to constitutional litigation for interpretation by the Constitutional Court. However, it’s essential to consider that the Court’s ruling may not be a simple binary of constitutional or unconstitutional, but could involve restrictions on interpretation scope. He also cautioned against attacks on the credibility of the Court, as distrust in the judicial process undermines democratic principles and norms, posing a crisis to Taiwanese society.
Chen Lipu, President of the Taiwan Professors Association, emphasized the need for regulated legislative powers, rather than rule by arbitrary decrees. He stated that focusing solely on legislation and its implementation risks losing the essence of a rule of law state. It is crucial to consider the meaning of laws, not just the wording itself. He suggested that, in addition to constitutional interpretation, convening a national conference to build consensus is a viable solution. Many past issues have been resolved through national conferences, and this approach should be considered for the future.