Control Taiwan Research Paper

THE CONTROL YUAN – WHITHER GOEST THOU?

Submitted to:
Professor Pasha Hsieh Submitted by:
Kirti Hariharan, LLM 2014

TABLE OF CONTENTS
Contents
1. Abstract 3
2. Introduction 3
3. A Better Understanding of the Control Yuan 3
(a) Structure 3
(b) Functioning 4
(c) Powers 4
i. Power to audit 5 ii. Power to correct 5 iii. Power to impeach 5 iv. Power to inspect 6
v. Power to invigilate examinations 6 vi. Power to censure 6 vii. Power to accept petitions from people 7 viii. Implement the Sunshine Act 7
4. Recent Developments and Issues 7
5. Conclusion 8

1. Abstract
Most modern systems of constitutional democracy have three traditional branches: the legislative branch, the executive branch and the judicial branch. The Republic of China (known as Taiwan) has a unique system consisting of five branches. In 2013 Taiwan's opposition political parties began pushing for draft amendments to the nation's constitution to abolish the Control Yuan and replace it with the with the human rights ombudsmen on grounds of …show more content…
Power to impeach
The power to impeach is perhaps one of the most powerful weapons that the Control Yuan possesses in its armoury and the power to impeach flows from Articles 98 and 99 of the Constitution. The Control Yuan may impeach personnel of the Examination Yuan and the Judicial Yuan as well as officers of the central and local governments. To summarise, other than members of the Legislative Yuan as well as elected officials at the local level, the Control Yuan has impeachment powers over the other five yuans (including itself) and local governments.
The Control Yuan used to have the power to impeach all public officials, including the President and Vice President of the R.O.C. However, the 1992 constitutional amendment transferred the impeachment power over the President and Vice President to the National Assembly. This has been one of the biggest blows to the powers of the Control Yuan and has magnified calls for its