台灣憲法之未來: 兩岸僵局的當前困境與可能解答

Abstract

Taiwan has undergone a number of crucial changes in the past two decades. The island nation has witnessed a shift from the first direct presidential election to the first female President and an evolution from one-party authoritarian-like regime to a vivid multi-party democracy. However, apart from these superficial transformations, there was an even bigger metamorphose unraveling under the surface. Taiwanese have, together with and supported by their newly secured interior freedom and democratic values, began opting for a revised and reformulated identity. Identity in historical, ethnic and sociopolitical realms. A process of enhanced Taiwanese consciousness and a sense of belonging to Taiwan, which came in the vacant space where previously governmentally imposed Chinese identity failed to settle, could be simplistically abridged under a conceptual term “Taiwanization”. Taiwanization has managed to prosper and thrive due to the development of democratic party competition on the island. The growing trend can be indisputably spotted in elections results and self-identification surveys, among other ways of manifestation. However, Taiwanization has brought up just as many questions as it answers. In some ways, instead of solving the existing puzzle of Taiwan’s ambiguous status, it generates a new one. Taiwan is facing a dilemma, but it is not the usual Unification vs. Independence kind of dichotomy. It neither emphasizes the already traditional Pan-Pan competition circle struggle, nor does it serve as an advertisement, promoting the preservation of status quo. Instead, the quandary is caused by the same concept attempting to solve country’s previous plights. With the will of people displayed in elections of previous years, the distinct Taiwanese identity rise and with the majority in government , the Pan-Green camp has a new, wide variety of options. Nevertheless, the sole fact that this time around, Green’s can not be stopped by the KMT in implementing their pro-independent strategies does not necessarily mean that de facto independence of the island answers all the questions. Can Taiwan take unilateral steps to secure its de facto independence and transfer it into de jure realm while abiding by International Law? Could participation in Intergovernmental organizations help Taiwan with extending its living space? Or would it be, if all independence-promoting actions fail, reasonable to abandon the idea all together and instead focus on systematic and fluent integration with China? Is there an integration model that can help achieve peace across Strait and what are the (im)possibilities of such a model being implemented in Cross-Strait affairs? Is constitutional change possible and if so, what are the prerequisites? And how can Taiwan break away from the current gridlock of status quo? These are the exact questions this thesis aims to answer.

Taiwan has undergone a number of crucial changes in the past two decades. The island nation has witnessed a shift from the first direct presidential election to the first female President and an evolution from one-party authoritarian-like regime to a vivid multi-party democracy. However, apart from these superficial transformations, there was an even bigger metamorphose unraveling under the surface. Taiwanese have, together with and supported by their newly secured interior freedom and democratic values, began opting for a revised and reformulated identity. Identity in historical, ethnic and sociopolitical realms. A process of enhanced Taiwanese consciousness and a sense of belonging to Taiwan, which came in the vacant space where previously governmentally imposed Chinese identity failed to settle, could be simplistically abridged under a conceptual term “Taiwanization”. Taiwanization has managed to prosper and thrive due to the development of democratic party competition on the island. The growing trend can be indisputably spotted in elections results and self-identification surveys, among other ways of manifestation. However, Taiwanization has brought up just as many questions as it answers. In some ways, instead of solving the existing puzzle of Taiwan’s ambiguous status, it generates a new one. Taiwan is facing a dilemma, but it is not the usual Unification vs. Independence kind of dichotomy. It neither emphasizes the already traditional Pan-Pan competition circle struggle, nor does it serve as an advertisement, promoting the preservation of status quo. Instead, the quandary is caused by the same concept attempting to solve country’s previous plights. With the will of people displayed in elections of previous years, the distinct Taiwanese identity rise and with the majority in government , the Pan-Green camp has a new, wide variety of options. Nevertheless, the sole fact that this time around, Green’s can not be stopped by the KMT in implementing their pro-independent strategies does not necessarily mean that de facto independence of the island answers all the questions. Can Taiwan take unilateral steps to secure its de facto independence and transfer it into de jure realm while abiding by International Law? Could participation in Intergovernmental organizations help Taiwan with extending its living space? Or would it be, if all independence-promoting actions fail, reasonable to abandon the idea all together and instead focus on systematic and fluent integration with China? Is there an integration model that can help achieve peace across Strait and what are the (im)possibilities of such a model being implemented in Cross-Strait affairs? Is constitutional change possible and if so, what are the prerequisites? And how can Taiwan break away from the current gridlock of status quo? These are the exact questions this thesis aims to answer.