Amending Constitution Not a Solution to Taiwan’s Political Impasse: Panelists Advocate Dialogue

Taipei: Amending the Constitution is not the solution to Taiwan's ongoing political deadlock over disputed legislation and judicial appointments, panelists at a seminar in Taipei emphasized. They called for enhanced dialogue between the ruling and opposition parties to address the stalemate.

According to Focus Taiwan, former Democratic Progressive Party (DPP) Chairperson Hsu Hsin-liang highlighted that constitutional amendments are nearly impossible due to the high legal threshold. He suggested that existing institutional issues could be resolved through political consensus and constitutional practice. Hsu stressed the need for "a moment of grand reconciliation" to resolve the confrontation between the Cabinet and the opposition-controlled Legislature, which has resulted in a stalemate over unsigned bills and rejected presidential nominees to the Constitutional Court.

The seminar, marking three decades since Taiwan's first direct presidential election in 1996, also explored Taiwan's governmental structure. Hsu noted that Taiwan's system was based on France's semi-presidential model from the 1990s reforms, although not fully adopted due to political circumstances. He advocated for drawing on the French model to improve Taiwan's dual-executive system, where the president appoints the premier without legislative confirmation, and the premier leads the Executive Yuan accountable to the Legislature. Hsu pointed to French restrictions on legislation affecting government expenditure and mechanisms for reviewing governmental organization bills as relevant solutions for Taiwan's disputes.

Former Premier Jiang Yi-huah also opposed amending the Constitution to require legislative approval for the premier's appointment, citing potential complications. However, he criticized the Cabinet for not countersigning and implementing certain bills after failed reconsideration motions, arguing it violated the separation of powers principle. While Hsu acknowledged that the premier's countersignature power was meant to restrain the president, not the Legislature, he maintained that the opposition first violated constitutional principles by passing legislation that increased government expenditure. Both agreed that institutional design alone could not resolve political conflict.

Jiang emphasized that without reconciliation, compromise, and concessions, democratic politics cannot function effectively, regardless of constitutional design. Hsu pointed to the bipartisan cooperation exemplified by the National Affairs Conference and 1990s constitutional reforms as a model for today's political parties. The conference, convened by then-President Lee Teng-hui of the Kuomintang, brought together opposition DPP members and protesters to address concerns, leading to significant electoral reforms in Taiwan.

Yeh Jiunn-rong, a chair professor at National Taiwan University's College of Law, urged political figures and parties to remain committed to the constitutional order and engage in dialogue. "Political figures and parties must engage in dialogue, be willing to engage in dialogue and have confidence in dialogue," Yeh stated.