Legislative Yuan of the Republic of China 中華民國立法院 | |
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11th Legislative Yuan | |
Type | |
Type | |
History | |
Founded |
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Disbanded |
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Preceded by | National Assembly |
Leadership | |
Structure | |
Seats | 113 [a] |
Political groups | Minority Government
Opposition |
Length of term | 4 years |
Elections | |
Parallel voting:
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Last election | 13 January 2024 |
Next election | On or before January 2028 |
Meeting place | |
The Legislative Yuan Building, No. 1, Zhongshan South Road Zhongzheng District, Taipei City, Republic of China | |
Website | |
www.ly.gov.tw (in English) | |
Constitution | |
Additional Articles and the original Constitution of the Republic of China |
Legislative Yuan | |||||||||||||||||||||||||||||
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Chinese | 立法院 | ||||||||||||||||||||||||||||
Literal meaning | Law-establishing court | ||||||||||||||||||||||||||||
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Taiwanportal |
The Legislative Yuan is the unicameral legislature of the Republic of China (Taiwan) located in Taipei. The Legislative Yuan is composed of 113 members, who are directly elected for four-year terms by people of the Taiwan Area through a parallel voting system.
Originally located in Nanjing, the Legislative Yuan, along with the National Assembly (electoral college) and the Control Yuan (upper house), formed the tricameral parliament under the original 1947 Constitution. The Legislative Yuan previously had 760 members representing each constituencies of all China (includes provinces, municipalities, Tibet Area, and various professions in Mainland China). [3]
Until democratization, the Republic of China was an authoritarian state under the Dang Guo system. At the time, the Legislative Yuan functioned as a rubber stamp for the ruling regime of the Kuomintang. [4]
Like parliaments or congresses of other countries, the Legislative Yuan is responsible for the passage of legislation, which is then sent to the president for signing. For these similarities, it is also common for people to refer to the Legislative Yuan as "the parliament" (國會; Guóhuì; Kok-hōe).
Under the current amended Constitution, the Legislative Yuan, as the only parliamentary body, also holds the power to initiate several constitutional processes, including initiating constitutional amendments (then determined by a national referendum), recalls of the president (then determined by a recall vote), and impeachments of the president (then tried by the Constitutional Court).
Starting with the 2008 legislative elections, changes were made to the Legislative Yuan in accordance with a constitutional amendment passed in 2005. The Legislative Yuan has 113 members serving four-year terms; 73 members are elected by first-past-the-post, 6 reserved for indigenous candidates by single non-transferable vote, and 34 by party-list proportional representation. The current Legislative Yuan was inaugurated on February 1, 2024, and its term expires on January 31, 2028.
Party/Caucus | Caucus leader | Seats | |
---|---|---|---|
Kuomintang (KMT) Caucus | Fu Kun-chi | 54 | |
Democratic Progressive Party (DPP) Caucus | Ker Chien-ming | 51 | |
Taiwan People's Party (TPP) | Huang Kuo-chang (third-party) | 8 | |
(as of February 2024 [update] ) | Total | 113 |
The 5 largest parties with 3 seats or more can form caucuses. If there are fewer than 5 such parties, legislators in other parties or with no party affiliation can form caucuses with at least 4 members. [5]
The president and vice president of the Legislative Yuan are elected by the 113 legislators during a preparatory session in the beginning of their 4-year terms. President and vice president of the Legislative Yuan sometimes translate to speaker and deputy speaker respectively in English. [6]
The President is responsible for appointing the Secretary-General and Deputy Secretary-General of the Legislative Yuan, as well as other legislative staff, who are described as the Administrative Unit. The Vice President serves in place during the absence of the President.
Like legislatures of other countries, the Legislative Yuan holds the following power according to the current amended Constitution: [7]
Other governmental organs are authorized to propose legislative bills to the Legislative Yuan. Legislative bills proposed to the Legislative Yuan have to be cosigned by a certain number of legislators. Once a bill reaches the legislature, it is subject to a process of three readings.
This section needs additional citations for verification .(May 2011) |
The concept of Legislative Yuan was introduced by Sun Yat-sen's Three Principles of the People . The theory proposed a separation of powers into five branches (五院; wǔyuàn; gō͘-īⁿ). The Legislative Yuan, under Sun's political theory, is a branch of government elected by the National Assembly that serves as the standing legislative body when the National Assembly is not in session.
The legislators are to be elected through direct elections. In the constitution, Legislative Yuan, together with National Assembly and Control Yuan, form three chambers of a tricameral parliament according to the Judicial Yuan's interpretation number 76 of the Constitution (1957). [8]
However, the later constitutional amendments in the 1990s removed the parliamentary roles from National Assembly and Control Yuan and transferred them to the Legislative Yuan, which became an unicameral parliament.
The original Legislative Yuan was formed in the original capital of Nanjing after the completion of the Northern Expedition. Its 51 members were appointed to a term of two years. The 4th Legislative Yuan under this period had its members expanded to 194, and its term in office was extended to 14 years because of the Second Sino-Japanese War (1937–1945). According to KMT political theory, these first four sessions marked the period of political tutelage.
The current Constitution of the Republic of China came into effect on 25 December 1947, and the first Legislative session convened in Nanjing on 18 May 1948, with 760 members. Six preparatory meetings had been held on 8 May 1948, during which Sun Fo and Chen Li-fu were elected president and vice president of the body. In 1949, the mainland fell to the Communist Party and the Legislative Yuan (along with the entire ROC government) was transplanted to Taipei. On 24 February 1950, 380 members convened at the Sun Yat-sen Hall in Taipei.
The first Legislative Yuan was to have been elected for a term of three years ending in 1951; however, the fall of mainland China made it impossible to hold new elections. [9] As a result, the Judicial Yuan decided that the members of the Legislative Yuan would continue to hold office until new elections could be held on the Mainland. This decision was made in the belief that the KMT would retake the Mainland in a short time. However, over the years, as the prospect of regaining the Mainland diminished, this meant that the legislators from mainland districts (and members of the ruling KMT) held their seats for life, in a one-party system. The body thus came to be called "the Non-reelected Congress". [9]
Over the years, deceased members elected on the mainland were not replaced while additional seats were created for Taiwan starting with eleven seats in 1969. Fifty-one new members were elected to a three-year term in 1972, fifty-two in 1975, ninety-seven in 1980, ninety-eight in 1983, one hundred in 1986, and one hundred thirty in 1989. Although the elected members of the Legislative Yuan did not have the majority to defeat legislation, they were able to use the Legislative Yuan as a platform to express political dissent. Opposition parties were formally illegal until 1991, but in the 1970s candidates to the Legislative Yuan would run as Tangwai ("outside the party"), and in 1985 candidates began to run under the banner of the Democratic Progressive Party.
The members of the Legislative Yuan with extended terms remained until 31 December 1991, when as part of subsequent Judicial Yuan ruling they were forced to retire and the members elected in 1989 remained until the 161 members of the Second Legislative Yuan were elected in December 1992. The third LY, elected in 1995, had 157 members serving 3-year terms. The fourth LY, elected in 1998, was expanded to 225 members in part to include legislators from the abolished provincial legislature of Taiwan Province. The Legislative Yuan greatly increased its prominence after the 2000 presidential elections in Taiwan when the Executive Yuan and presidency was controlled by the Democratic Progressive Party while the Legislative Yuan had a large majority of Kuomintang members. The legislative elections in late 2001 produced a contentious situation in which the pan-blue coalition has only a thin majority over the governing pan-green coalition in the legislature, [10] making the passage of bills often dependent on the votes of a few defectors and independents. Because of the party situation there have been constitutional conflicts between the Legislative Yuan and the executive branch over the process of appointment for the premier and whether the president has the power to call a special session.
Amid 70% public support, the Legislative Yuan voted 217–1 on 23 August 2004 for a package of amendments to:
The new electoral system installed in 2008 includes 73 plurality seats (one for each electoral district), 6 seats for aboriginals, with the remaining 34 seats to be filled from party lists. Every county has a minimum of 1 electoral district, thereby guaranteed at least one seat in the legislature, while half of the proportionally represented seats drawn from party lists must be women.
Additionally, the Legislative Yuan proposed to abolish the National Assembly. Future amendments would still be proposed by the LY by a three-fourths vote from a quorum of at least three-fourths of all members of the Legislature. After a mandatory 180-day promulgation period, the amendment would have to be ratified by an absolute majority of all eligible voters of the ROC irrespective of voter turnout. The latter requirement would allow a party to kill a referendum proposal by asking that their voters boycott the vote as was done by the KMT with the referendums associated with the 2004 presidential election.
A DPP proposal to allow the citizens the right to initiate constitutional referendums was pulled off the table, due to a lack of support. The proposal was criticized for dangerously lowering the threshold for considering a constitutional amendment. Whereas a three-fourths vote of the LY would require that any proposed constitutional amendment have a broad political consensus behind it, a citizen's initiative would allow a fraction of the electorate to force a constitutional referendum. It was feared that allowing this to occur would result in a referendum on Taiwan independence which would likely result in a crisis with the People's Republic of China.
The Legislative Yuan also proposed to give itself the power to summon the president for an annual "state of the nation" address and launch a recall of the president and vice president (proposed by one fourth and approved by two thirds of the legislators and be submitted to a nationwide referendum for approval or rejection by majority vote). The Legislative Yuan will also have the power to propose the impeachment of the president or vice president to the Council of Grand Justices.
An ad hoc National Assembly was elected and formed in 2005 to ratify the amendments. The downsized Legislative Yuan took effect after the 2008 elections.
On 20 July 2007, the Legislative Yuan passed a Lobbying Act. [11]
The Kuomintang-led government of the Republic of China retreated to Taiwan in 1949, the year following the first legislative elections (1948) after the enactment of the 1947 constitution. As the Kuomintang government continues to claim sovereignty over Mainland China, the term of the original legislators was extended until "re-election is possible in their original electoral districts." In response to the increasing democracy movement in Taiwan, limited supplementary elections were held in Taiwan starting from 1969 and parts of Fujian from 1972. Legislators elected in these supplementary elections served together with those who were elected in 1948. This situation remained until a Constitutional Court (Judicial Yuan) ruling on 21 June 1991 that ordered the retirement of all members with extended terms by the end of 1991. [12]
Term | Length | Actual served | Election | Seats | Note |
---|---|---|---|---|---|
1st | Initially 3 years, then limit removed by Temporary Provisions | 8 May 1948 – 31 January 1993 (See Note column for detailed terms) | 1948 election | 759 | The only election held in mainland China. 8 seats were elected in Taiwan. 509 members retreated to Taiwan with the government; served until the end of 1991. |
1969 1st supp | 11 | Elected in Taiwan; terms equal to the 1948-elected members | |||
1972 2nd supp | 51 | Elected in the Free Area with 3-year terms. | |||
1975 3rd supp | 52 | Elected in the Free Area with 3-year terms; then extended to 5 years. | |||
1980 4th supp | 97 | Elected in the Free Area with 3-year terms. | |||
1983 5th supp | 98 | Elected in the Free Area with 3-year terms. | |||
1986 6th supp | 100 | Elected in the Free Area with 3-year terms. | |||
1989 7th supp | 130 | Elected in the Free Area with 3-year terms; served until Jan 31, 1993. | |||
2nd | 3 years | 1 February 1993 – 31 January 1996 | 1992 election | 161 | Total re-election in the Free Area |
3rd | 1 February 1996 – 31 January 1999 | 1995 election | 164 | ||
4th | 1 February 1999 – 31 January 2002 | 1998 election | 225 | ||
5th | 1 February 2002 – 31 January 2005 | 2001 election | |||
6th | 1 February 2005 – 31 January 2008 | 2004 election | |||
7th | 4 years | 1 February 2008 – 31 January 2012 | 2008 election | 113 | Introduced changes in the electoral system, term length, and seat numbers. |
8th | 1 February 2012 – 31 January 2016 | 2012 election | |||
9th | 1 February 2016 – 31 January 2020 | 2016 election | |||
10th | 1 February 2020 – 31 January 2024 | 2020 election | |||
11th | 1 February 2024 – 31 January 2028 | 2024 election | Incumbent |
Timeline of Legislative Yuan elections and terms
The legislature had 225 members during the 4th, 5th, and 6th terms. Legislators were elected as follows:
Since the 7th term, the 113 legislators are elected to office as follows:
The Kuomintang (KMT) held a supermajority of seats in the Legislative Yuan between 1948 and 1991, while some seats were held by the Chinese Youth Party (CYP) and the China Democratic Socialist Party (CDSP). Through the limited supplementary elections held in since the 1970s, the Tangwai movement saw their share of seats increase. Most members in the Tangwai movement joined the Democratic Progressive Party (DPP) after its founding in the late 1980s.
Majority Plurality only Largest minority
On 18 March 2014, the Legislative Yuan was occupied by protesting students. [14]
Much of the work of the Legislative Yuan is done via legislative committees, and a common sight on Taiwanese television involves officials of the executive branch answering extremely hostile questions from opposition members in committees. In the 1990s, there were a number of cases of violence breaking out on the floor, usually triggered by some perceived unfair procedure ruling, but in recent years, these have become less common. There was a brawl involving 50 legislators in January 2007 and an incident involving 40 legislators on 8 May 2007 when a speaker attempted to speak about reconfiguring the Central Election Committee. It has been alleged that fights are staged and planned in advance. [15] These antics led the scientific humor magazine Annals of Improbable Research to award the Legislative Yuan its Ig Nobel Peace Prize in 1995 "for demonstrating that politicians gain more by punching, kicking and gouging each other than by waging war against other nations". [16] On 29 June 2020 more than 20 lawmakers affiliated with the Kuomintang took over the legislature over night, blocking entry to the main chamber with chains and chairs, saying the government was trying to force through legislation and demanding the president withdraw the nomination of a close aide to a high-level watchdog. Democratic Progressive Party lawmakers forced themselves in while there were scuffles and shouting with Kuomintang lawmakers. On 18 May 2024, a lawmaker attempted to steal a bill in an attempt to prevent it from being passed. This resulted in a brawl on the chamber floor due to the chaos. [17]
The current Legislative Yuan building in Taipei, was formerly the Taihoku Prefectural Taihoku Second Girls' High School (台北州立台北第二高等女學校) constructed during the Japanese colonial rule since 1960 with the administrative offices previously a dormitory. Over the years, there were several proposals to relocate the Legislative Yuan. The 1990 proposal to move the legislature to the location of the defunct Huashan station, was passed in 1992, then abandoned after the budget was cut. A second proposal in 1999 suggested that the legislature move to what had previously served as Air Force Command Headquarters. This proposition was opposed by the Taipei City Council and funds for disaster relief became a priority after the Jiji earthquake. [18] Other relocation proposals include moving the parliament to Taichung, [19] [20] New Taipei, Changhua County, or Yilan County. [18] In 2022, graduate students from several Taiwanese universities were invited to submit designs for a new building. [21]
Taiwan, officially the Republic of China (ROC), is governed in a framework of a representative democratic republic under a five-power system first envisioned by Sun Yat-sen in 1906, whereby under the constitutional amendments, the President is head of state and the Premier is head of government, and of a multi-party system. Executive power is exercised by the Executive Yuan. Legislative power is vested primarily in the Legislative Yuan. Taiwan's judiciary is independent of the executive and the legislature. In addition, the Examination Yuan is in charge of validating the qualification of civil servants, and the Control Yuan inspects, reviews, and audits the policies and operations of the government.
The Pan-Blue coalition, Pan-Blue force or Pan-Blue groups is a political coalition in the Republic of China (Taiwan) consisting of the Kuomintang (KMT), People First Party (PFP), New Party (CNP), Non-Partisan Solidarity Union (NPSU), and Young China Party (YCP). The name comes from the party color of the Kuomintang.
The National Assembly was the authoritative legislative body of the Republic of China, from 1947 to 2005. Along with the Control Yuan and the Legislative Yuan, the National Assembly formed the tricameral parliament of the Republic of China.
The Constitution of the Republic of China is the fifth and current constitution of the Republic of China (ROC), ratified by the Kuomintang during the Constituent National Assembly session on 25 December 1946, in Nanking, and adopted on 25 December 1947. The constitution, along with its Additional Articles, remains effective in ROC-controlled territories.
The Premier of the Republic of China, officially the President of the Executive Yuan, is the head of government of Taiwan and leader of the Executive Yuan. The premier is nominally the principal advisor to the president and positioned as the head of central government, appointed by the president without approval by the Legislative Yuan. The current president of the Executive Yuan is Cho Jung-tai, who took office on 20 May 2024.
The Control Yuan is the supervisory and auditory branch of the government of the Republic of China, both during its time in mainland China and Taiwan.
In Taiwan, parliamentary elections are held every four years to elect the 113 members of the Legislative Yuan, the unicameral legislature of Taiwan. The current electoral system was introduced in 2008. The constitutional amendments of 2005 extended term length from three to four years, reduced seat count from 225 to 113, and abolished the National Assembly, originally another governmental organ equivalent to a chamber of parliament.
The 2004 Taiwanese legislative election was held on 11 December 2004. All 225 seats of the Legislative Yuan were up for election: 168 elected by single non-transferable vote, 41 elected through party-list Proportional representation, eight elected from overseas Chinese constituencies on the basis of the proportion of nationwide votes received by participating political parties, eight elected by popular vote among the aboriginal populations. Members served three-year terms beginning on 1 February 2005, and ending 31 January 2008. The next term served four years.
This is a timeline of the Republic of China.
An election for the National Assembly took place in Taiwan on Saturday, 14 May 2005, from 07:30 to 16:00 local time. It elected an ad hoc National Assembly whose only function was to serve as a constituent assembly in order to approve or reject amendments to the Constitution of the Republic of China already proposed by the Legislative Yuan. The results indicated that the amendments would be approved, as the parties supporting them won an overwhelming majority, and indeed the amendments were passed on 7 June 2005.
The president of the Legislative Yuan is the presiding officer of the Legislative Yuan of the Republic of China. The incumbent president is Han Kuo-yu, a legislator from the Kuomintang.
Legislative elections were held in Taiwan on 12 January 2008 to elect the members of the Legislative Yuan. It was the first Legislative Yuan election after the constitutional amendments of 2005, which extended term length from three to four years, reduced seat count from 225 to 113, and introduced the current electoral system.
The Government of the Republic of China, is the national authority whose actual-controlled territory consists of main island of Taiwan (Formosa), Penghu, Kinmen, Matsu, and other island groups, collectively known as Taiwan Area or Free Area. A unitary state, the ROC government, under the current constitutional amendments, is run by a de facto semi-presidential system, consists of the presidency and five branches (Yuan): the Executive Yuan, Legislative Yuan, Judicial Yuan, Examination Yuan, and Control Yuan. The president is the head of state, with the premier as the head of government, currently ruled by the Democratic Progressive Party (DPP) since 2016. Since the 2005 amendments of the Additional Articles of the Constitution, the Legislative Yuan has been the de facto unicameral parliamentary body of the country.
Referendums in Taiwan at both the national and local level are governed by the Referendum Act of Taiwan, which was enacted by the Legislative Yuan in December 2003. Citizens can propose laws via referendums at the national and local levels. The Referendum Act also allowed people to make changes or abolish laws by referendums.
Hung Hsiu-chu is a Taiwanese politician. As a member of the Kuomintang (KMT), she has served the party as a Deputy Chairperson and Deputy Secretary-General. Hung was first elected to the legislature in 1990, and was the Vice President of the Legislative Yuan from 2012 to 2016, her eighth term. She became the first female deputy speaker of the Legislative Yuan. She became the Kuomintang's first elected chairwoman later that year, serving until June 2017.
Johnny Chiang Chi-chen is a Taiwanese politician and former international political economy scholar who is currently the vice president of the Legislative Yuan.
Chung Shao-ho is a Taiwanese politician who served in the Legislative Yuan from 1999 to 2012.
Hsu Shu-hua is a Taiwanese politician serving as magistrate of Nantou County.
A constitutional referendum was held in Taiwan on 26 November 2022. Voters voted on adding Article 1-1 to the Additional Articles of the Constitution of the Republic of China. Had it passed, the voting age would have been lowered from 20 to 18 years. The amendment would also have lowered the minimum age of candidacy from 23 to 18 years once the relevant electoral laws had been amended accordingly.
Chou Chun-mi is a Taiwanese politician and lawyer who is currently Magistrate of Pingtung County, serving since 2022. A member of the Democratic Progressive Party (DPP), she served in the Legislative Yuan from 2016 until 2022.
民國37年選出行憲第1屆立法委員760人