Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

governance, in the context of transitional constitutionalism government reform is


significant as a measure to build capacity and cultivate trust.


In Taiwan, while there had been plans for government reform, the actual


undertaking of reform did not occur until the 2000 s.^64 The KMT government


had proposed government reform in order to resolve governance problems in


different periods. After World Warii, government reforms were stipulated upon


the KMT’s retreat to Taiwan in order to confront the crisis of civil war and to


alleviate the crisis of legitimacy of the government. In the 1990 s, several proposals


for revising the organization of central government were made by the KMT


government under the pressure of the opposition party. Yet all these proposals


remained merely as policy and were never realized. It was not until after the first


regime change in 2000 , as the long-term opposition DPP came to power, that a


well-designed agenda of government reform could be proposed and entered the


stage of legislation. However, tensions and distrust under the divided government


resulted in insurmountable obstacles that caused the DPP administration’s agenda


of government reform to fail. In the eight years of DPP rule, as a result of lacking


support in the Legislative Yuan, the success of government reform proposals was


limited. After the second party turnover in 2008 , as the KMT controlled both the


executive and legislative branches, comprehensive government reform was able to


bear fruit.


The passage of the Freedom of Government Information Law is another signifi-


cant development that deserves attention. The freedom of public information, or


the right of access to information, has been comprehensively recognized by the


international community. In the era of globalization, as both time and space shrink


to an unprecedented extent, information becomes the pivotal foundation of man-


agement and governance for agents on multiple levels. More and more treaties aim


to promote the importance of public information.^65 Besides, in domestic govern-


ance, the idea of open government, which holds that citizens have the right to


access the documents and proceedings of the government to allow for effective


public oversight, is now the prevailing doctrine. There are now over eighty-five


countries worldwide that have implemented some form of such legislation.^66


(^64) For a more detailed description of the history and development of government reform in
Taiwan, see Guang-Xu Wang and Mei-Ciang Shih, “Dismantling the Government: the
reorganisation reform of Taiwan’s central government ( 1987 – 2008 )” ( 2011 ) 3 ( 3 )Journal of
Public Administration and Policy Research 52.
(^65) For example, the Aarhus Convention deals with the issues of access to information, public
participation in decision-making, and access to justice in environmental matters. See
Bende Toth, “Public participation and democracy in practice: Aarhus Convention prin-
ciples as democratic institution building in the developing world” ( 2010 ) 30 Journal of
Land, Resources and Environmental Law 295.
(^66) Concerning the theory, functions, and practice of the right to information around the
world, see Roy Peled and Yoram Rabin, “The constitutional rights to information” ( 2011 ) 42
Columbia Human Rights Law Review 357.


162 Yeh and Chang

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