Download Political Institutions

Political Institutions
South Korea
South Korea is a country with powers shared between the president and the legislature. The
president is chief of state and is elected for a term of 5 years. The 299 members of the unicameral
National Assembly are elected to 4-year terms, and no term limit. Suffrage is universal at age 20.
1. The Legislative: the South Korean legislative, the National Assembly, is unicameral. The
National Assembly has the power to approve the appointment of the Prime Minister, the Director of
Audit and Inspection, the Chief Justice and Justices of the Supreme Court, and the Chief Justice of
the Constitutional Court. It also appoints three Justices of the Constitutional Court and three
members of the Central Election Management Committee. The NA passes legislative bills, ratifies
treaties, declare war, conducts an annual inspection of the executive branch, reviews and decides on
the budget bill submitted by the Executive, screens the government's accounts of revenues for every
new fiscal year, passes laws concerning taxation, the items and rates of which must be fixed by law.
The NA has the power to impeach the president with 2/3 of vote and other high-ranking officials
with 1/3 of vote, but it requires the Constitution Court to conduct the final impeachment trial.
2. The Executive: South Korea has a dual executive, with the President being directly elected by a
direct popular vote and the Prime Minister being appointed by the President and approved by the
NA. Both the PM and the members of the State Council are appointed by the President. The
President is the chairman of the State Council.
3. The Judiciary: Unlike the US Supreme Court, the South Korean Supreme Court does not have
the power of judicial review but only refer a case involving constitutionality of a legislative or a
presidential act to the Constitution Court for judicial review. The Constitution Court consists of 9
judges – three each appointed by the President, the NA, and the Chief Justice of the Supreme
Court. It is entrusted with the power to conduct both impeachment trial and judicial review.
4. The Election System and the Party Politics: The president, members of the National Assembly
(parliament), the heads of the local governments and members of local councils are elected through
popular elections.
The president holds office for 5 years, and he cannot be reelected.
The National Assembly is a unicameral legislature with 299 members. The latest parliamentary
elections were held on April 15, 2004. Single-member constituencies comprise 243 of the
National Assembly’s seats, while the remaining 56 are allocated by proportional representation.
Members serve four-year terms and no term limit.
The terms of provincial governors, mayors, county chiefs and the heads of the wards and local
assemblymen are 4 years, respectively. Korea started the local self-governing system in 1995.
South Korea has a multi-party system, which includes the following major political parties: Uri
Party, Grand National Party (GNP), Democratic Labour Party (DLP), Millennium Democratic
Party (MDP), United Liberal Democrats (ULD), and others.
Parties
Votes
%
Seats
Uri Party (열린우리당, Yeollin Uri-dang)
8,145,824
38.3
152
Grand National Party (한나라당, Hannara-dang)
7,613,660
35.8
121
Democratic Labour Party (민주노동당, Minju Nodong-dang)
2,773,769
13.0
10
Millennium Democratic Party (새천년민주당, Saecheonnyeon Minjudang)
1,510,178
7.1
9
United Liberal Democrats (자유민주연합, Jayu Minju Yeonhap)
600,462
2.8
4
Others
642,091
0.3
3
21,285,984
100.0
299
Total (60 % out of 35,596,497 registered voters)
Main article: South Korean parliamentary election, 2004
Taiwan
The ROC government is divided into central, provincial/municipal, and county/city levels. The central government consists of the
Office of the President and five branches (called “yuan”院), namely the Executive Yuan , Legislative Yuan, Judicial Yuan 司法院,
Examination Yuan 考试院, and Control Yuan监察院.
At local levels, since the ROC government administers only Taiwan Province and two counties (namely Kinmen 金门 and
Lienchiang连江) in Fujian 福建 Province, only two provincial governments are currently operational—the Taiwan Provincial
Government and the Fujian Provincial Government.
Presidency
The president of the Republic is the head of state and is granted specific constitutional powers to conduct national affairs. These
include commanding the armed forces; promulgating laws and decrees; declaring martial law with the approval of the Legislature;
concluding treaties; declaring war and making peace; granting amnesties and commutations; appointing and removing civil service
officials and military officers; and conferring honors and decorations.
According to the Constitution and the Additional Articles of the Constitution, the president has the following special powers:
1.
Nominating top officials: The president appoints the premier. With the consent of the Legislature, the president also appoints the president, vice
president, and grand justices of the Judicial Yuan; the president, vice president, and members of the Examination Yuan; the president, vice president,
auditor-general审计长, and members of the Control Yuan; and the prosecutor general of the Supreme Prosecutors Office 最高法院检察署.
2.
Resolving inter-branch disputes: In the event of a dispute among the various branches of the government, such as a controversy between the Executive
Yuan and the Legislative Yuan, the president may intervene to seek a solution.
3.
Declaring emergency decrees: The president may, by resolution of the Executive Yuan Council, issue emergency decrees. Such decrees must be
presented to the Legislature for confirmation within ten days, however. Should that body withhold confirmation, such emergency decrees shall
immediately cease to be valid.
4.
Dissolving the Legislative Yuan: The president may, within ten days following passage by the Legislative Yuan of a no-confidence vote against the
premier, declare the dissolution of the Legislative Yuan after consulting with its president. The president may not dissolve the Legislature while martial
law or an emergency decree is in effect, however.
Executive Yuan
The Executive Yuan has a president (usually referred to as the premier of the ROC); a vice president (vice premier); a number of
ministers and chairpersons of commissions. The premier is appointed by the president. The vice premier, ministers, and chairpersons
are also appointed by the president on the recommendation of the premier.
The Executive Yuan Council is a policymaking organization that consists of the premier, who presides over its meetings, the vice
premier, ministers without portfolio, and the heads of various ministries and commissions. In accordance with the Constitution, the
council renders decisions on statutory and budgetary bills as well as bills concerning martial law, amnesty, the declaration of war, the
conclusion of peace or treaties, and other important affairs, all of which are to be submitted to the Legislature. The council also
evaluates matters of common concern to the various ministries and commissions. The council may invite heads of other Executive
Yuan organizations to attend council meetings and answer any questions that may arise pertaining to affairs under their jurisdiction.
Legislative Yuan
The Legislative Yuan is the highest legislative body of the state, consisting of popularly elected representatives 225 who serve for
three years and who are eligible for re-election.
The Legislative Yuan has 225 Seats. Most legislators are elected to office by direct popular vote, while the remainder is chosen by
proportional party representation: 168 elected by popular vote that represent multimember districts of varying size, 41elected on the
basis of the proportion of nationwide votes received from party lists, 8 elected from overseas Chinese constituencies on the basis of
the proportion of nationwide votes received from party lists, 8 elected by popular vote among the aboriginal populations.
Beginning with the seventh Legislative Yuan, to be elected in December 2007, the number of elected representatives will be reduced
to 113 and the legislators’ term of office will be extended to four years, in accordance with the latest constitutional amendments of
June 2005. As a result of constitutional amendments approved by the National Assembly in June 2005, the National Assembly was
abolished and thus giving Taiwan a unicameral legislature.
As prescribed in the Constitution, the Legislature has the following functions and powers:
1.
General legislative power: The Legislature exercises legislative power on behalf of the people.
2.
Confirmation of emergency decrees: Emergency decrees and measures proclaimed by the president in the case of an imminent threat to national security
or a serious financial or economic crisis are presented to the Legislature for confirmation within ten days of issuance.
3.
Hearing reports on administration and revision of government policy: The Executive Yuan presents a statement of its administrative policies and a
report on its administration to the Legislative Yuan. If the Legislative Yuan does not concur with any important Executive Yuan policy, it may request
the Executive Yuan to alter such a policy.
4.
Examination of budgetary bills and audit reports: The Legislative Yuan has the power to decide by resolution upon budgetary bills, which the Executive
Yuan is required to present to the Legislative Yuan. The auditor-general, after presentation by the Executive Yuan of the final accounts of revenues and
expenditures, completes the audit in accordance with the law, and submits an audit report to the Legislative Yuan.
5.
Right of consent (see Presidency section above).
6.
Amendment of the Constitution: After an amendment has been proposed in the Legislature, that body has the power to accept or reject the proposal. If
the Legislature passes a resolution in favor of the amendment, the said amendment is then voted on by the people via referendum.
7.
Settlement of disputes concerning self-governance: The Legislature settles any disputes over items and matters of self-governance of special
municipalities, counties/cities, or other administrative units.
8.
Initiation of impeachment proceedings: Should a motion to impeach the president or vice president of the Republic be initiated upon the agreement of
more than two-thirds of all members of the Legislative Yuan after being proposed by more than one-half of the legislators, it will be submitted to the
Constitutional Court宪法法庭 (composed of the grand justices of the Judicial Yuan) for approval. Should the impeachment bid be approved, the party
impeached shall be dismissed from office.
Judicial Yuan
The Judicial Yuan (Judiciary) is the highest judicial organ of the Republic. Its chief powers are to adjudicate civil, criminal, and
administrative cases。 The subordinate units of the Judicial Yuan are the Supreme Court 最高法院, high courts 高等法院, district
courts 地方法院, Supreme Administrative Court 最高行政法院, high administrative courts 高等行政法院, Commission on the
Disciplinary Sanctions of Functionaries 公務員惩戒委员会, and Judicial Personnel Study Center 司法人員研习所.
The Council of Grand Justices
The Council of Grand Justices 大法官会议 interprets the Constitution and unifies the interpretation of laws and ordinances. The 15
grand justices, including the president and vice president of the Judicial Yuan, are nominated and appointed by the president of the
Republic with the consent of the Legislative Yuan. They exercise administrative supervision over the nation’s court system.
The Constitutional Court
In December 1993, the Judiciary formally established a Constitutional Court to adjudicate cases concerning the dissolution of political
parties that have violated the Constitution. According to the constitutional amendment passed in June 2005, the Constitutional Court is
also empowered to review and decide on the impeachment of the president or vice president after such an action is proposed by the
Legislative Yuan. The Constitutional Court is composed of the grand justices and presided over by its most senior member.
Commission on the Disciplinary Sanctions of Functionaries
The Commission on the Disciplinary Sanctions of Functionaries exercises jurisdiction over impeachment cases that are affirmed by
the Control Yuan. There are six disciplinary measures the commission may order: dismissal, suspension from office, demotion,
reduction of salary, demerit, and reprimand. Only dismissal and reprimand are applicable to political appointees.
The ROC Court System
The Judiciary has three levels: district courts and their branches, which hear civil and criminal cases in the first instance; high courts
and their branches at the intermediate level, which hear appeals against judgments of district courts or their branches; and the Supreme
Court at the highest appellate level, which reviews judgments by lower courts for compliance with pertinent laws or regulations.
Supreme and High Administrative Courts
On July 1, 2000, the amended Organic Act of the Administrative Court became effective. As a result, one Supreme Administrative
Court and three high administrative courts were established to adjudicate administrative cases. The administrative courts have a
separate authority from that of the other courts in the system. Any person who claims that his or her rights or interests have been
violated by an unlawful administrative action on the part of a government agency may institute administrative proceedings before a
high administrative court. Any administrative action that exceeds the legal authority of the government agency or that results from an
abuse of power is unlawful.
Examination Yuan
The Examination Yuan is responsible for the nation’s civil service system. It oversees examinations; qualification screenings; security
of tenure; pecuniary aid in case of death; retirement; and all legal matters relating to the employment, discharge, performance
evaluation, scale of salaries, promotion, transfer, commendation, and awards to civil servants.
The examination function, exercised solely by the Examination Yuan at the central government level, is separate from executive
power and is free from partisan influence.
The Examination Yuan has a president, vice president, and 19 members, all of whom are appointed for six-year terms by the president
with the approval of the Legislative Yuan. Under the Examination Yuan are the Ministry of Examination， Ministry of Civil Service,
Civil Service Protection and Training Commission，and Supervisory Board of the Public Service Pension Fund. The Examination
Yuan also supervises the operations of the Central Personnel Administration, established under the Executive Yuan in 1967.
The Examination Yuan Council formulates policies and decides all significant matters under the jurisdiction of the Examination Yuan.
The Ministry of Examination oversees all civil service, professional, and technologist certification examinations. The Ministry of Civil
Service is in charge of the government personnel system throughout the nation.
Examinations
The main types of government examination are Civil Service Examinations 公务人员考试 and Examinations for Professionals and
Technologists 专门职业及技术人员考考试.
Civil Service Examinations are divided into:
1.
Entry-level Examinations for the Civil Service 初任人员考试: These include Senior 高等考试, Junior 普通考试, Elementary-level 初等考试, and Special
Examinations特种考试;
2.
Promotion Examinations 公务人员升官考试: These are held to provide outstanding civil servants currently in office with the opportunity to obtain
promotion to a higher service grade.
Examinations for Professionals and Technologists are divided into Senior, Junior, and Special Examinations.
Generally, examinations for senior, junior, and elementary-level civil servants are conducted every year. Categories of personnel
needed, subjects to be tested, and examination dates are announced by the Ministry of Examination two months in advance.
Control Yuan
The Control Yuan is the highest watchdog organization of Taiwan and exercises the powers of impeachment, censure, and audit. The
29 Control Yuan members (including its president and vice president) are nominated and appointed by the ROC president with the
consent of the Legislative Yuan for terms of six years. Members of the Control Yuan must be beyond party control, exercise their
powers independently, and discharge their responsibilities in accordance with the law.
The Constitution empowers the Control Yuan to institute impeachment proceedings against a public official of either the central or a
local government (except for the president and vice president of the Republic) for dereliction of duty or violation of law on its own
initiative, or upon request by the head of a branch, ministry, commission, or local government. Should a motion to impeach be
affirmed by the Control Yuan, it is then passed to the appropriate authority for action, that is, the Commission on the Disciplinary
Sanctions of Functionaries in the case of a civil servant, or the Ministry of National Defense for military personnel. The Control Yuan
may also file a written censure against a public official whose offense requires the immediate suspension of duty or other punishment.
The Control Yuan may investigate the operations of the Executive Yuan and its subordinate agencies, and propose corrective
measures to be examined by relevant committees, which must take appropriate action and report to the Control Yuan in writing.
The Control Yuan exercises power of audit through its Ministry of Audit, whose main duties and functions include supervision of the
budgets of all government organizations and other auditing functions prescribed by law. Audit departments or offices may be
established within special government agencies, state-run enterprises, or public institutions.
The auditor-general is nominated by the president and appointed with the consent of the Legislature, and is responsible for auditing
central government expenditures.
Provincial Government
In accordance with the Act on Local Government Systems 地方制度法 passed in 1999, the provincial governments were transformed
from local self-governing bodies into branches of the Executive Yuan. Taiwan is the only province to be fully under the effective
control of the ROC. The Fujian Provincial Government, headquartered in Kinmen County, has delegated most of its powers to county
governments.
Taiwan Provincial Government
With the exception of Taipei and Kaohsiung, which are special municipalities directly under the jurisdiction of the Executive Yuan,
there are 5 cities and 16 counties under the Taiwan Provincial Government. The Taiwan Provincial Consultative Council was set up to
provide consultation and advice to the Taiwan Provincial Government.
Fujian Provincial Government
The ROC government administers only two counties in Fuchien Province: Kinmen County, which includes Kinmen; and Lienchiang
County, which includes Matsu 馬祖.