Taiwan’s constitutional system, inspired by Dr. Sun Yat-sen’s political philosophy, is unique in the world for its implementation of the “Five-Power Constitution.” Unlike most modern democracies, which generally divide government authority into three branches—executive, legislative, and judicial—Taiwan’s system adds two more: the Examination Yuan and the Control Yuan. This arrangement reflects Sun’s belief that government should not only be separated to prevent the abuse of power but also be tailored to the cultural and administrative needs of China and its people.

Structure of the Five-Power Constitution

1. Executive YuanThe. The Executive Yuan is headed by the Premier and functions as the cabinet of government. It is responsible for executing laws, managing the bureaucracy, formulating policies, and administering public affairs.
2. Legislative YuanThis. This branch is the law-making body. It deliberates on bills, supervises the Executive Yuan, approves budgets, and has the power to question or dismiss the Premier.
3. Judicial YuanThe: The Judicial Yuan oversees the courts and ensures justice. It interprets the Constitution, resolves disputes between governmental organs, and protects citizens’ rights through judicial review.
4. Examination Yuan is a distinct feature of Taiwan’s system; the Examination Yuan manages civil service examinations and personnel matters. It seeks to ensure fairness, meritocracy, and professionalism in the appointment and promotion of public servants.
5. Control Yuan: The Control Yuan acts as an auditing and oversight institution. It investigates misconduct, impeaches officials, and ensures that government operations follow the law and ethical standards.

Advantages of the System

1. Checks and Balances Beyond the Standard Model. With five branches, the system disperses power more widely than in the traditional three-branch structure. The Control and Examination Yuans provide additional oversight and reduce the risk of corruption or abuse of authority.
2. Promotion of Meritocracy Examination Yuan institutionalizes civil service examinations, which help to select officials based on ability rather than favoritism or political connections. This enhances administrative competence.
3. Historical and Cultural RelevanceThe system reflects a blend of Western democratic theory and Chinese traditions of civil service and moral accountability. It resonates with Sun Yat-sen’s vision of adapting democracy to Chinese society.
4. Public Accountability Control Yuan functions as a watchdog, increasing transparency and offering citizens a channel to petition against governmental wrongdoing.

Disadvantages of the System

1. Complexity and Inefficiency: Having five branches can make decision-making cumbersome. Overlapping functions between the Legislative and Control Yuans, or between the Executive and Examination Yuans, often create bureaucratic delays.
2. Weak Separation in Practice. While the theory emphasizes balance, in reality, the dominance of the Executive Yuan and the influence of political parties can overshadow the independence of the other branches, particularly the Examination and Control Yuans.
3. Limited Modern Relevance. Critics argue that the Examination and Control Yuan is outdated. In practice, many of their functions could be merged into existing legislative or executive institutions, as seen in other democracies.
4. Potential for Political. The multiplicity of branches increases the chances of conflict and gridlock. For instance, disputes between the Legislative Yuan and the Executive Yuan over policy or budget can stall governance.

Conclusion

Taiwan’s Five-Power Constitutional System stands as a distinctive experiment in institutional design. It embodies Sun Yat-sen’s vision of combining Western democratic principles with Chinese traditions of examination and moral accountability. While it provides enhanced oversight and a theoretically stronger system of checks and balances, its complexity has often resulted in inefficiency and political disputes. Whether Taiwan should maintain, reform, or streamline the system remains a subject of ongoing debate, but it undeniably represents an important contribution to global constitutional theory.

Author: New Congress