The KMT’s referendum power grab is obvious

The Chinese Nationalist Party (KMT) caucus’ proposed amendment to the Referendum Act (公民投票法), which it has made a legislative priority for this session, would not only bar the Central Election Commission (CEC) from refusing proposals submitted by the Legislative Yuan, but would also give national referendums the power to overturn Constitutional Court judgements. While proponents say the amendments would return power to the people, the proposals are actually a power grab to undermine the Executive Yuan and pave the way for a “supreme Legislative Yuan.” The KMT is also launching this calculated populist ploy to harvest political capital ahead of next month’s elections.

The amendment, proposed by KMT Legislator Weng Hsiao-ling (翁曉玲) and others, would force the CEC to accept everything as submitted in a blatant assault on independent administrative review mechanisms. In practice, the core authority of any independent commission lies in its ability to operate free from political interference and conduct objective procedural and substantive reviews in strict accordance with the law.

The CEC is required to verify whether referendum proposals meet statutory requirements. If the law were amended to mandate that the CEC “may not refuse” any referendum proposal, it would effectively strip the commission of its statutory authority and allow the legislative majority to bypass legitimacy checks and force their proposals through.

Allowing a referendum to overturn a Constitutional Court judgement would effectively hollow out the constitutional review process and allow majority rule to override judicial independence.

The court safeguards democratic constitutionalism, shouldering the responsibility of revealing the blind spots of majority rule and protecting the rights of everyone. If an amendment to the Referendum Act could allow a majority vote to overturn a ruling of the highest constitutional authority, it would be a declaration that as long as legislators have the numbers, they do not need to abide by the Constitution. That would bring down Taiwan’s democratic safeguards, creating a breeding ground for populism.

Pushing ahead with the draft bill despite knowing it raises constitutional concerns is, in essence, generating conflict tailor-made for the Legislative Yuan. Should the legislative majority attempt to push through a controversial bill only to have it blocked or declared unconstitutional, it could immediately launch a referendum, endlessly prolonging the political battles with the judiciary and executive branch.

That strategy would inflame social divisions and incite hatred, while in the short term serving as a cheap mobilization tool to shore up a party’s base ahead of local elections.

The true value of a democratic system is that no institution possesses unchecked, absolute power. Faced with attempts by pan-blue and pan-white politicians to circumvent constitutional oversight through legislative amendments, voters must keep their eyes open and, when the elections arrive, use their ballots to remove these legislators who seek to undermine the constitution and disrupt political order, thereby protecting Taiwan’s democracy and freedom.