Abstract
The constitutional movement of modern China faced the question of whether to adopt the model of presidential administration or a responsible cabinet system in positioning the executive power. This question both reflected and influenced the political situation during the Republican period. When the constitution was being established under the Nationalist government and the “Draft Constitution of May Fifth” (Wuwu xiancao 五五憲草) formulated, the role of the executive power continuously shifted from initially leaning towards a responsible cabinet system towards the model of presidential administration. The system of concentrated executive power formed by this constitutional draft had the drawbacks of presidential dictatorship and the inability of institutions of the popular will to effectively constrain the executive power, which was contrary to the spirit of democratic constitutional government. After the Anti-Japanese War, the “Principles for Revision of the Constitutional Draft” (Xiancao xiugai yuanze 憲草修改原則) reached by the Political Consultative Conference (PCC, Zhengzhi xieshang huiyi 政治協商會議) adopted a typical responsible cabinet model for executive power. This model changed Sun Yat-sen’s constitutional principle of a “separation of powers”, (quanneng fenli 權能分立), which was strongly opposed by the KMT Central Standing Committee. Through negotiations, the “PCC Constitution” (Zhengxie xiancao 政協憲草) made alterations to the standard responsible cabinet system, but failed to gather a consensus among all parties regarding the question of executive power. After the planning and maneuverings of the constitutionalists, the Constitution of the Republic of China drawn up in 1946 by the Constitutional National Assembly adopted a modified model of a responsible cabinet system; this was a new creation. In establishing a constitution for modern China, it was necessary to form a constitutional system that allows administrative power to be exercised effectively and yet be subject to democracy. Although the new system created by the Constitution of the Republic of China successfully achieved this goal, due to the influence of the formulation and modification of the “Provisional Terms” (Linshi tiaokuan 臨時條款), it was not seriously put into practice in the ensuing history of China, making it difficult for it to play its due role.
Keywords
presidential administration, responsible cabinet, executive power, legislative power, democratic constitutionalism
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