Aside from battling the
Soviet Union for Cold War
supremacy, the US was always
on the lookout for a host of
villains that it could blame
for the most hideous crimes
-- Fidel Castro in Cuba,
Muammar Qaddafi in Libya,
Ayatollah Khomeini in Iran
and Saddam Hussein in Iraq.
Their role was simply to
serve as a tool to sway
global opinion and stir up
domestic support for the US
administration.
In Taiwan, former premier
Hau Pei-tsun ( 郝柏村 ) became
a similar target for the
Democratic Progressive Party
(DPP) during his time in
office. The moment Hau
stepped up the podium to
field questions, DPP
legislators would excitedly
gather around to attack and
provoke him. Their only
worry was that Hau, with his
military background, would
remain above the fray and
keep his composure. If he
lost his temper and put his
manuscript aside, well then,
that day's performance was
worth the ticket price. This
was especially true during
the runup to legislative
elections, when the more
heated Hau got, the more
votes would come rolling in
for the DPP.
Hau's role has since been
filled, notably by former
People First Party chairman
James Soong ( 宋楚瑜 ), who
last fall pledged to retire
from politics.
As a former provincial
governor who traveled
extensively around the
country to meet the common
people, Soong was a
formidable adversary for the
pan-green camp. Still, it
was very easy for the
pan-greens to mobilize their
supporters and stir up anti-Soong
sentiment. Simply talking
about "Soong the scam
artist" was enough to
conjure up images of someone
bent on selling out Taiwan
and send pro-localization
forces into a frenzy, like
bulls after a heifer in
heat.
For many voters,
representative democracy is
overrated if it only means
casting their vote in an
election for legislators or
the president once every
three or four years. For
these people, the real sense
of fulfillment comes from
assailing the opposing
camp's leaders, and the
momentary sense of pleasure
it brings.
Nor has the constitutional
amendment to halve the
number of legislative seats
and redraw electoral
districts helped change
things for the better. As
soon as the subject of Soong
staging a comeback is
mentioned, most DPP
representatives would
dutifully fall in line, stop
their protests and turn
their attention to attacking
Soong. The striking
efficiency with which anti-Soong
rhetoric can win votes for
the DPP is second to none --
not even to Chinese
Ambassador to the UN Sha
Zukang ( 沙祖康 ), who uttered
the infamous words "who
cares about Taiwan" at a WHO
conference.
This kind of attitude
reflects voters' tendency to
treat their allies
leniently, while applying
strict standards to others.
Consequently, candidates
have no compunction about
stooping too low or playing
dirty when it comes to
attacking their opponent. Of
course, public figures are
open to criticism of their
character and political
stance. Once their real or
perceived flaws or
shenanigans are exposed in
the media, it becomes a free
for all. The line between
fact and fiction becomes
blurred. At what point one
ceases to be a politician
seeking the truth and
becomes a liar and character
assassin is hard to
distinguish.
Witness the conflict between
the pan-blue camp and former
president Lee Teng-hui
(李登輝). The pan-blue camp
held large demonstrations
after the 2004 presidential
race to protest the election
results. Lee then commented
that the movement's leaders
shouldn't have left early,
and mocked them for running
off to play mahjong.
Soong responded by filing
and subsequently winning a
suit against Lee for
defamation of character,
although Lee didn't mention
Soong by name. The judges
appeared to have ruled in
favor of Soong by strictly
adhering to the legal
definition of defamation.
However, once a subtle
linguistic metaphor like
this is taken as a literal
expression, then anyone
using a political metaphor
might be caught in a legal
minefield.
Soong won a similar slander
suit against President Chen
Shui-bian (陳水扁) after Chen
accused Soong during a
television interview two
years ago of secretly
meeting with Chen Yunlin
(陳雲林), the head of China's
Taiwan Affairs Office, while
in the US. The two have
since declared peace, with
Chen even asking Soong to
act as an intermediary with
Chinese President Hu Jintao
(胡錦濤). These sudden shifts
in alliances are but proof
of ruthless political
maneuvering.
The question is what impact
the active intervention of
judicial bodies, both civil
and criminal, will have on
the development of the
constitutional system in the
nation's deeply partisan
politics.
I assume that it is more
important for the courts to
concern themselves with
protecting the rights of the
people rather than
intervening in executive and
legislative conflicts. If
the case is not related to
national security, nor the
exercise of presidential
authority, it cannot be
sheltered under the
protective umbrella of
national secrecy.
But in terms of the
principles of constitutional
government in regard to
civil suits against the
president, there is still
room to discuss whether they
should be concluded during
his term, or whether they
should wait until after he
steps down to avoid
interfering with his
executive duties.
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