Taiwanese constitution reform and cross-strait relations --on the example of the seventh constitution amendment of 2005
Date Issued
2007
Date
2007
Author(s)
Kao, Chia-Yu
DOI
zh-TW
Abstract
If we look back at the Constitution of the Republic of China and all the amendments, it can be noted that the constitutional reforms have always been influenced by cross-strait relations. For example, the temporary articles were enacted in response to the civil war between the nationalist government and the communist party. All seven constitutional reforms of Taiwan have also been closely followed by Beijing and pressured by Washington, hence certain necessary compromises were made.
The constitutional reforms of Taiwan affect the cross-strait relations as well, because the modification of the constitution might concern the government system, the status of the nation, or even the national symbol and identification. So long as the “national status,” which involves the structure of cross-strait relations, is changed, the political recognition and the international status across the Taiwan strait will be affected. If one takes a look at the attitude of the Beijing government towards our numerous constitutional reforms, one can conclude that while Beijing has always taken especially keen interest in Taiwan’s constitutional reforms, it has never expressed any encouragement for such reforms. That said, constitutional reforms are meant to accentuate the essence of national sovereignty, so it’s a given that constitutional reforms of Taiwan are bound to affect cross-strait relations.
Therefore, this thesis shall explore the fundamental problems of the constitutional development of Taiwan as a sovereign nation, meaning how to modify the Constitution of the Republic of China, as modelled for Mainland China as effective jurisdiction, for it to be compatible to the development of Taiwan today and beyond, towards becoming a normal nation. Since Taiwan’s constitutional reforms affect cross-strait relations, can the goal of normalizing such relations be achieved through constitutional reforms within Taiwan? If so, how? And what would be the key in the interaction between Taiwan’s constitutional reforms and cross-strait relations?
In the research conducted for this thesis, cross-strait relations are seen as a dependent variable, while the political climate across the Taiwan strait, the changes in the international situation, the subjective orientation of the people or even the stand of the United States are independent variables that must be taken into consideration. Meanwhile, during the process of constitutional reforms, cross-strait relations should be seen as an independent variable, affecting the progress of such reforms. On the other hand, status across the Taiwan strait will be affected after the reforms, so cross-strait relations are dependent variables in this regard. It follows that the constitutional reforms of Taiwan and cross-strait relations are mutually causative and influential. This thesis takes the seventh constitutional reform of Taiwan as example to analyze its influences from and its impact on cross-strait relations, and also tries to clarify the challenges from Mainland China facing Taiwan during Taiwan’s constitutional reforms, suggest how Taiwan can respond to such challenges, and find a new direction for Taiwan’s constitutional reforms.
It is found during research for this thesis that Taiwan’s constitutional reforms are deeply influenced by Mainland China and the United States., and that the seventh constitutional reform of Taiwan has had positive impact on cross-strait relations, as well as that the normalizing of Taiwan as a sovereign nation is the foundation of normalizing cross-strait relations. This thesis goes on to suggest that Taiwan should take the opportunity of constitutional reforms to emphasize human rights as its national beacon, to solidify its national sovereignty, and to declare the spirit and experience of its constitutional reforms to the international community. In the future, constitutional reforms shall further be counted on to confirm the national status and overcome the difficulties in cross-strait relations.
Subjects
第七次修憲
兩岸關係
二階段憲改
the Constitution of the Republic of China
the seventh constitutional reform
cross-strait relations
National Assembly
the Second-phase Constitutional Re-engineering
Type
thesis
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