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Legal setup for
transfer of power
By Lin Chia-cheng ªL¹Å¸Û
The outlook for Democratic Progressive Party (DPP) Chairperson Tsai Ing-wen¡¦s
(½²^¤å) bid for the presidency next month is looking brighter all the time. The
contenders in the presidential election have all officially registered as
candidates, and there is a strong possibility that the Jan. 14 election will
result in a transfer of power from one party to another. Already some DPP
supporters are fretting that, during the interlude between Jan. 14 and the new
president¡¦s inauguration on May 20, the Chinese Nationalist Party (KMT)
government may pull a lot of strings, some of which might be detrimental to the
interests of the state and the public. Some even worry that the KMT might refuse
to hand over the reins of government.
Of course, one should not ascribe ulterior motives to other people without good
cause. However, the concern remains that in a democratic society where the rule
of law prevails, everything should be done according to the law. To ensure that
happens, the ruling and opposition parties should set aside their political
differences and get on with the job of formulating legislation to regulate the
transfer of government authority.
KMT lawmakers have come up with a number of proposals and put them together to
form the party¡¦s draft law on the transfer of power. The DPP also presented its
own draft two months ago, after consulting with academics and experts. It is to
be expected that there would be differences between the positions laid out in
the drafts proposed by the governing and opposition parties. The point, however,
is that nobody can guarantee that any party will either be in government forever
or eternally in opposition. Just as the prefaces to the versions proposed by
both sides say, changes in the governing party is likely to be a normal state of
affairs in this country in the future.
For the sake of Taiwan¡¦s long-term stability and security, setting up a legal
framework to regulate transfers of power is an urgent task. From a negative
point of view, it can prevent the incumbent administration from refusing to
cooperate and from making reckless policy and personnel changes or wasting
national resources during the handover period.
From a more positive angle, it would safeguard the security of the
president-elect and ensure that he or she can get a grip on government in good
time. To this end, concerned government agencies should cooperate with the
incoming administration on business and personnel matters to facilitate a smooth
handover.
In fact, as far back as 12 years ago, the governing and opposition parties at
the time had already proposed legislative motions calling for speedy completion
of regulations covering the transfer of government authority. Unfortunately, the
two major parties each had their own agenda. The KMT, which was in power at the
time, did not want to have its hands tied, and to protect its own interests, it
made sure that that opportunity to set up a transfer system was lost.
When I was serving as head of the Research, Development and Evaluation
Commission, I invited academics and experts to collect data about the procedures
for government handovers in advanced democracies such as the US, Germany and
France. The book is probably the most comprehensive research on the subject of
government transfer ever published in Taiwan. A considerable part of the
versions now being proposed by the two main parties is drawn directly from the
book or by reference to it.
The way government authority is transferred has a big influence on a nation¡¦s
political stability and development. Presidential elections in Taiwan are
preceded by nearly a year of campaigning, which takes up a great deal of
financial and personnel resources. Once voters have chosen the next president
and vice president, it is very important that the handover should go ahead
peacefully. Taiwan¡¦s civil service is non-partisan. Its armed forces, once
subordinate to the KMT, are now loyal to the state, and it has an independent
judiciary. Despite these advances, the fact remains that the apparatus of
government is a huge machine, and a formal handover of power is a massive
undertaking. This is true of any country, and all the more so of Taiwan, where
democracy is not yet as stable as those of some other countries.
I was involved in the transfer of power following the 2000 and 2008 presidential
elections, and the experience showed how vitally important it is to have
comprehensive legislation to regulate the process, as is the case in the US,
France and Germany, for example.
It is often said that the law is the most basic moral standard. Laws should be
set in place to deal with any opportunity there may be for using the handover
period to harm the interests of the state and the public.
There is nothing disrespectful in making such demands of the incumbent president
and government agencies. It is necessary to maintain a healthy system. There
should be detailed regulations about the times and dates when various things
come into effect. Important matters that need to be regulated include the rights
and personal security of the president-elect and the legally defined rights of
the people the incoming president has appointed to take over various posts.
There are very few political appointees among Taiwan¡¦s civil servants. The
business handled by various ministries is very complicated, so when a new
minister is appointed, along with a few other essential staff, they need the
outgoing government to help out if they are going to get a grasp on their
department¡¦s affairs in the short time available. Countless items need to be
handed over, including files, important documents, personnel, budgets and
temporarily frozen policies. My own experience tells me that if the transfer
process is not enshrined in law, it is bound to be defective, and this can
seriously impair political stability and the continuity of policies.
Setting up a legal system to govern the transfer of government authority is an
urgent task, and the KMT¡¦s attitude is the key element that will decide whether
this task can be accomplished. For the sake of the country¡¦s long-term peace and
stability, the legislature should use what is left of the current session to
pass such a law. The governing and opposition parties should set aside their
differences, find common points and get the law onto the books. It is in the
interests of the nation, and the public expects our lawmakers to get the job
done.
Lin Chia-cheng teaches at Soochow University and is a former head of the
Cabinet¡¦s Research, Development and Evaluation Commission.
Translated by Julian Clegg
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