Responsibilities of the Judicial Yuan
June 1, 1994
The lead story in the China News on Tuesday, May 31, was about Judicial Yuan President Lin Yang-Kang. Lin, who is a KMT vice chairman, announced his support for a KMT candidate for Taiwan governor and said he would like to run for president some day. He said that he "cannot shirk his responsibility to campaign for KMT candidates during the year-end elections."
In a democracy, we expect government officials who are members of political parties to make such statements. However, under Taiwan's Constitution, like the Constitutions of most modern democracies, judges are special. Article 80 of the R.O.C. Constitution says that the "Judges shall be above partisanship..."
As Taiwan continues to make progress toward democracy, one can hope that the Judicial Yuan will gradually separate itself from politics, which have been such a dominant part of its past. No one is in a better position than Mr. Lin to lead this divorce. Moreover, if he succeeds, he might be surprised to find broad based grass-roots support for his future presidential bid. When the time is right, the KMT or some other political party would happily draft him. At that time, everyone would trust him to carry out the function of the Executive Yuan without bias. It would surely be a great day when everyone can look forward to the even-handed enforcement of laws and regulations.
Copyright © 1996 by James Patrick Gunning
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Gunning’s Address
J. Patrick Gunning
Visiting Lecturer
Department of Economics
Bryant University
1150 Douglas Pike
Smithfield, RI 02917
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