Chapter 31 — The Constitutionalism of the New Republic and International Reconstruction A Bill of Rights, Federal Self-Government, Free Elections, Cross-Strait Peace, and Democratic Partnership (The Transition Phase and Beyond)
Focus：CORE ARGUMENT OF THIS CHAPTER. This chapter defines the endpoint of the transition as a democratic state authorized by the people, bound by a constitution, and capable of the peaceful alternation of power. It compares the return of the Republic of China’s Republican legitimacy with the making of a new constitution, and it designs a bill of rights, the separation of powers and checks and balances, federal or local self-government, a market economy and social security, cross-Strait peace, the restoration of the Republic of China’s representation at the United Nations, and a partnership with the United States and other democratic states; American guidance and assistance are regarded as an important mainstay. Any choice of national title, territory, and system must, in the end, be decided by a free people.
This chapter: 10 sections.
This chapter defines the endpoint of the transition as a democratic state authorized by the people, bound by a constitution, and capable of the peaceful alternation of power. It compares the return of the Republic of China’s Republican legitimacy with the making of a new constitution, and it designs a bill of rights, the separation of powers and checks and balances, federal or local self-government, a market economy and social security, cross-Strait peace, the restoration of the Republic of China’s representation at the United Nations, and a partnership with the United States and other democratic states; American guidance and assistance are regarded as an important mainstay. Any choice of national title, territory, and system must, in the end, be decided by a free people.
SCOPE AND CLASSIFICATION BOUNDARY. This chapter openly expresses regard for the democratic experience of the Republic of China and for American constitutional principles, but it does not equate the author’s preferences with conclusions that the people of the future have already authorized. The rights of religions, ethnic groups, regions, parties, and the people of Taiwan must not be arbitrarily sacrificed to “unification,” “state continuity,” or the will of the majority.
This chapter: 10 sections.
- CH-031.1 31-1 State Continuity, the Republic of China’s Republican Legitimacy, and the Making of a New Constitution
- CH-031.10 31-10 Preventing the Return of a New Strongman, a New Party-state, and Digital Totalitarianism: Constitutional Self-Defense, Early-Warning Indicators, and Generational Testing
- CH-031.2 31-2 A Bill of Rights, the Separation of Powers and Checks and Balances, and Free Elections
- CH-031.3 31-3 The Federal System, Local Self-Government, and Safeguarding the Rights of a Multiethnic Population
- CH-031.4 31-4 The Market Economy, the Protection of Private Property, and the Social Safety Net
- CH-031.5 31-5 Taiwan’s Democratic Choice, Cross-Strait Peace, and Status Under International Law
- CH-031.6 31-6 Cooperation with the United States and Other Democratic States and the Reconstruction of the International Order
- CH-031.7 31-7 Comparing Constitutional Proposals and Public Collaboration: Texts, Data, Simulations, Debate, and Civic Authorization
- CH-031.8 31-8 Support from Democratic States, the Self-Determination of the Chinese People, and Opposition to a New Dependency
- CH-031.9 31-9 Civic Personhood, Social Ethics, and the Reconstruction of Civilization After Three Thousand Years of Imperial Power and Party-state Subjecthood
Resources for constitutional rebuilding: the 1947 Constitution of the Republic of China is the only democratic constitution in Chinese history tested by actual practice, completing democratization on Taiwan through seven revisions; American federalism, Germany's Basic Law (1949), and Japan's postwar constitution offer comparative models; the choice between federal and unitary, presidential and parliamentary systems must rest with a constituent process.
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AI draft - pending review Constitutional rebuilding of a new republic: the ROC constitutional heritage, federal options, and a democracy safeguarded against relapse.