Legislative Yuan
 elected to set agendas and preside over meetings.[11][12][13] The standing committees cover: Internal Administration (administrative reforms and internal Yuan operations); Foreign Affairs and National Defense (diplomacy, security, and military affairs); Finance (taxation, budgeting, and fiscal policy); Education and Culture (schools, arts, and cultural preservation); Transportation (infrastructure, aviation, and maritime issues); Economic Affairs (industry, trade, and energy); Sanitation, Environment, and Labor (public health, welfare, environmental protection, and labor rights); and Judiciary and Organic Laws (legal statutes, judicial oversight, and constitutional matters). Ad hoc committees, formed for specific purposes, include the Procedure Committee (managing session rules and agendas), Discipline Committee (handling member ethics and sanctions), Expenditure Examination Committee (auditing government spending), and occasional bodies like the Constitutional Amendment Committee for charter revisions.[11][14][15] Legislative procedures follow a structured three-reading process in plenary sessions, supplemented by committee scrutiny. Bills may be introduced by individual legislators, legislative caucuses, the Executive Yuan, or public petition (with sufficient signatures). Upon first reading, the President of the Legislative Yuan or designated committee refers the bill to relevant standing committees for review, where amendments are proposed, expert testimony heard, and fiscal impacts assessed; a majority vote in committee advances it with a report. Second reading involves plenary debate on the committee version, with opportunities for further amendments requiring a simple majority. Final passage occurs at the third reading via roll-call vote, needing an absolute majority of installed members unless specified otherwise (e.g., budget bills require only attending members' majority). The Yuan holds two regular annual sessions (February to May and September to December, each up to four months) and extraordinary sessions as convened by the President, with quorum at half of members and public access to proceedings except in closed national security sessions. Passed bills are sent to the Executive Yuan for promulgation or veto, overridable by a three-fourths plenary majority.[16][17][18]Composition and Organization
Number and Types of Seats
The Legislative Yuan consists of 113 seats, a figure established by constitutional amendments promulgated on June 10, 2005, and effective from the Seventh Legislative Yuan elected in 2007.[19][20] This total reflects a reduction from prior configurations, such as the 225 seats in the Sixth Legislative Yuan, aimed at streamlining representation while maintaining a mixed electoral system combining majoritarian and proportional elements.[19] Of these seats, 73 are filled through direct election in single-member districts apportioned across Taiwan's six special municipalities, 13 counties, and three cities, with district boundaries adjusted periodically by the Central Election Commission based on population data to ensure approximate equality of representation.[21][22] Winners in these districts are determined by plurality vote, favoring candidates with strong local support.[23] The remaining 40 seats incorporate proportional and reserved representation: 34 at-large seats are distributed nationwide via closed-list proportional representation, where parties receive allocations based on their share of the party-list vote exceeding a 5% threshold, intended to reflect broader national party strengths and mitigate district-level distortions.[22][19] Additionally, 6 seats are reserved exclusively for indigenous peoples—3 for lowland (plains) indigenous voters and 3 for highland (mountain) indigenous voters—elected in two separate three-member constituencies using the single non-transferable vote system, which allows indigenous communities dedicated input into legislation affecting their interests.[24][21] This structure, part of Taiwan's parallel voting system, requires voters to cast separate ballots for district, party-list, and indigenous races where applicable, promoting both geographic accountability and minority inclusion.[23]Election and Term Limits
Members of the Legislative Yuan are directly elected to 113 seats in elections held every four years, with the process managed by the Central Election Commission of the Republic of China. Elections must be completed within three months prior to the expiration of each term, as stipulated in the Additional Articles of the Constitution.[25] Each legislator serves a four-year term, which begins immediately following the election and is renewable indefinitely upon re-election.[20][2] This structure replaced the prior three-year terms under constitutional amendments promulgated in 2005, which also reduced the total number of seats from 225 to 113.[6] No constitutional or statutory limits restrict the number of consecutive or total terms a member may serve, allowing for long-term incumbency as evidenced by figures such as Wang Jin-pyng, who held office for over two decades.[26]Leadership Structure
The Legislative Yuan's leadership is headed by a President and a Vice President, both elected by and from among its members at the start of each term during a preparatory meeting of the newly elected legislators.[20] [27] The President serves as the presiding officer, chairing plenary sessions, meetings of the Committee of the Whole, and other key proceedings; oversees the internal administration of the Yuan, including the appointment of administrative personnel such as the Secretary-General; and represents the body in official capacities.[20] [28] The Vice President deputizes for the President when absent or unable to perform duties, and may assume additional responsibilities as delegated.[20] Administrative operations are managed by the Secretary-General, appointed by the President with the approval of the legislators, who handles routine affairs, coordinates staff activities, and ensures compliance with procedural rules across the Yuan's secretariat, research units, and support divisions.[28] A Deputy Secretary-General, also appointed by the President, assists in these functions and may act in the Secretary-General's stead.[28] This structure separates political leadership from bureaucratic execution, with the President exerting oversight but relying on appointed officials for operational efficiency, as stipulated in the Legislative Yuan's organizational regulations derived from the Republic of China Constitution.[27] [28] The terms of the President and Vice President align with the four-year term of the Legislative Yuan, allowing for re-election without formal limits beyond the underlying legislator term restrictions.[20] Elections typically require a simple majority in the preparatory caucus, reflecting the majority party's influence, though coalitions may form in divided assemblies.[29] This framework promotes continuity in legislative proceedings while enabling shifts in control following national elections, as seen in the post-2024 assembly organization on February 1, 2024.[29]Historical Development
Origins under the Republic of China Constitution
The Legislative Yuan's constitutional origins stem from Sun Yat-sen's five-power government theory, which divided state authority into executive, legislative, judicial, examination, and control branches to prevent power concentration and incorporate traditional Chinese oversight mechanisms alongside Western models.[30] This framework influenced the Republic of China's governmental structure following the 1911 revolution, with the Legislative Yuan designated as the organ exercising legislative power on behalf of the people.[1] The 1947 Constitution of the Republic of China, adopted by the National Constituent Assembly on December 25, 1946, in Nanjing and promulgated by President Chiang Kai-shek on December 25, 1947, enshrined the Legislative Yuan in Chapter V (Articles 62–79).[31] Article 62 defines it as the highest legislative organ of the state, responsible for representing popular will, deliberating statutory and budgetary bills, and approving treaties, declarations of war, and personnel changes in the armed forces.[32] The constitution mandated popular election of members, with terms initially set at three years and eligibility for reelection, though the exact number and districts were to be regulated by law.[32] Elections for the first post-constitutional Legislative Yuan occurred from November 1947 to February 1948 across provinces, special municipalities, Mongolia, Tibet, and overseas Chinese communities, yielding a body of 760 members intended to reflect China's diverse regions.[33] The inaugural session convened on May 18, 1948, in Nanjing's National Assembly Hall, marking the formal operationalization of the Legislative Yuan under the new constitutional order amid ongoing civil war. This assembly replaced transitional legislative bodies from the Nationalist era, aligning governance with the constitution's democratic provisions, though implementation was constrained by wartime conditions.[34]Establishment on the Mainland and Relocation to Taiwan
The Legislative Yuan traces its origins to the Nationalist government's provisional structure established in 1928 during the early years of the Republic of China, but the body operating under the 1947 Constitution was formed through elections held across provinces and regions from November 1947 to January 1948, resulting in 759 elected members.[4] The first constitutional Legislative Yuan convened its inaugural session on May 18, 1948, in Nanjing, marking the formal implementation of legislative functions as outlined in the ROC Constitution promulgated on January 1, 1947.[4] This assembly was tasked with exercising legislative authority over the entire Republic of China, including oversight of the executive branch and approval of budgets. As the Chinese Civil War intensified, the Kuomintang-led government faced defeats by Communist forces, leading to the relocation of central authorities southward. By late 1949, with the fall of key mainland cities, the ROC government, including the Legislative Yuan, evacuated to Taiwan; the legislature's members and operations transferred to Taipei in December 1949.[34] The body resumed its sessions in Taiwan on February 24, 1950, continuing to claim representation for all of China under the "temporary provisions" that suspended further elections amid the ongoing national crisis.[4] This relocation preserved the continuity of the pre-1949 legislature, which persisted without renewal until reforms in the 1990s, reflecting the ROC's assertion of legitimate sovereignty over the mainland despite territorial losses.[34]Post-1949 Reforms and One-Party Dominance
Following the retreat of the Republic of China government to Taiwan in December 1949 amid defeat in the Chinese Civil War, the Legislative Yuan's existing membership—elected in 1947 and 1948 across mainland provinces, totaling 760 seats—relocated and continued to convene without new nationwide elections.[34] [35] Their terms, originally set to last until constitutional convening of a new National Assembly, were extended annually by presidential order starting in 1950, rationalized by the unrealized goal of recovering the mainland and the absence of electoral mechanisms under martial law imposed in May 1949.[35] This "eternal" tenure for what became known as the "old congressmen" or lifers ensured unchallenged Kuomintang (KMT) control, as the party dominated the body and martial law curtailed opposition formation or activity until its lift in 1987.[36] The KMT's monopoly translated to legislative alignment with executive priorities, including anti-communist policies and economic mobilization, with no effective checks from rival parties; independent voices, such as the nascent tangwai movement, faced arrest or disqualification under the Temporary Provisions Effective During the Period of National Mobilization for Suppression of the Communist Rebellion, enacted in 1948 and renewed periodically.[36] To mitigate criticisms of underrepresentation for Taiwan's expanding population—estimated at 7.5 million by 1950 versus the body's original mainland-oriented design—supplementary elections were permitted starting in the late 1960s, adding seats incrementally for Taiwan-area districts: 15 in 1969, followed by further allocations in 1972 and beyond, bringing the total to approximately 225 by the 1980s.[35] Even these additions reinforced KMT dominance, as the party secured over 90% of them, while non-KMT candidates won only a handful amid electoral restrictions like nomination barriers and security scrutiny.[37] Pressure for reform mounted in the late 1980s amid Taiwan's economic growth and societal demands for accountability, culminating in a 1990 Judicial Yuan interpretation declaring indefinite terms unconstitutional and mandating retirement of unelected members by December 31, 1991.[38] By then, natural attrition had reduced the original cohort to 82 surviving members, predominantly in their 80s and 90s, whose resignation cleared the chamber for fully competitive elections in December 1992, though KMT retained a majority with 102 of 161 seats.[39] This transition marked the effective end of one-party legislative hegemony, though residual KMT influence persisted through incumbency advantages and party discipline.Democratization and Multi-Party Era
The termination of martial law on July 15, 1987, under President Chiang Ching-kuo dismantled key barriers to political pluralism, legalizing opposition activities and allowing the Democratic Progressive Party (DPP)—formed extralegally in September 1986—to function openly, thus eroding the Kuomintang's (KMT) unchallenged control over the Legislative Yuan.[40][41] This shift addressed long-standing criticisms of the Yuan's composition, dominated since 1949 by "veteran legislators" elected in 1947–1948 on the mainland with indefinite terms, who by the 1980s numbered fewer than 100 but retained disproportionate influence amid supplementary elections limited to Taiwan seats.[42] Amid mounting protests, including the 1990 Wild Lily Student Movement demanding electoral renewal, the KMT orchestrated the voluntary retirement of these holdover members, effective December 31, 1991, which vacated all seats and paved the way for total reelection under the Additional Articles of the ROC Constitution, restricting representation to Taiwan's residents.[43] The resulting December 19, 1992, election installed the Second Legislative Yuan with 161 seats apportioned via single non-transferable voting in districts, proportional at-large allocation, and indigenous quotas; the KMT claimed 95 seats on 45.1% of the district vote, while the DPP captured 51 seats on 31.0%, establishing viable opposition scrutiny and signaling the onset of competitive democracy.[44] Multi-party contestation intensified through subsequent terms, with constitutional amendments progressively streamlining the Yuan—reducing seats to 225 in 1996 and 113 by 2008 via mixed-member majoritarian-proportional systems—to enhance responsiveness.[4] The December 2001 election, post-DPP presidential victory, yielded the party a plurality of 87 seats in the 225-member Fifth Yuan, fracturing KMT dominance for the first time and enabling divided government that pressured cross-party negotiation on budgets and reforms.[45] Power alternated again in the January 12, 2008, poll, where the KMT secured 81 of 113 seats amid backlash against DPP corruption scandals, restoring its legislative helm until 2012.[46] The era's maturity was evident in the DPP's 2016 legislative sweep—68 seats alongside presidential control—facilitating unencumbered passage of defense and social policies, though turnout hovered at 57.6% and third-party inroads foreshadowed fragmentation.[47] By 2020, the DPP retained majority status with 61 seats, but the January 13, 2024, election produced a hung parliament: KMT 52 seats, DPP 51, and Taiwan People's Party 8, compelling coalitions amid 71.8% turnout and underscoring enduring bipolar competition tempered by emerging centrism.[48] These dynamics have institutionalized accountability, with the Yuan approving over 90% of executive bills in majority phases while blocking contentious measures—like 2024 recall attempts—during gridlock, reflecting causal links between electoral pluralism and policy moderation.Electoral System
District and At-Large Allocation
The Legislative Yuan comprises 113 seats in total, with 73 allocated to single-member geographic districts representing the general population, 34 to nationwide at-large party-list seats, and 6 reserved for indigenous representatives.[2][21] The district seats are drawn from constituencies aligned with Taiwan's special municipalities, counties, and cities, ensuring localized representation while the at-large seats aim to reflect broader proportional party support across the electorate.[2][23] In the 73 single-member districts, voters cast a single ballot for an individual candidate, and the candidate receiving the plurality of votes—typically the most votes, regardless of majority—wins the seat, employing a first-past-the-post system.[29][49] This method favors candidates with concentrated local support but can result in disproportional outcomes favoring larger parties, as smaller parties struggle to secure pluralities in competitive districts.[50] District boundaries are periodically adjusted by the Central Election Commission to account for population changes, with the most recent redistricting implemented for the 2024 election to maintain roughly equal voter populations per district.[51] The 34 at-large seats are filled through closed-list proportional representation, where voters select a political party rather than individual candidates on a separate nationwide ballot.[29][21] Parties must obtain at least 5% of the total party-list vote to qualify for allocation; seats are then distributed proportionally using the Hare quota method combined with the largest remainder approach, which divides total valid votes by the number of seats to establish a quota and assigns initial seats based on full quotients before allocating remainders to parties with the highest fractional votes.[21][49] Within qualifying parties, seats are assigned according to pre-submitted candidate lists, prioritizing gender balance as mandated by law, which requires alternating male and female placements on lists.[50] This system, introduced in constitutional amendments effective from the 2008 election, seeks to mitigate the majoritarian biases of district voting by providing compensation for parties' overall vote shares.[23]Indigenous Representation
The Legislative Yuan reserves six seats exclusively for indigenous representatives, divided into three for highland (mountain) indigenous peoples and three for lowland (plains) indigenous peoples, out of a total of 113 seats.[52][2] These reservations, formalized under the Additional Articles of the Republic of China Constitution as amended in 2000 and effective from the Eighth Legislative Yuan in 2008, aim to guarantee proportional minority input in legislation affecting indigenous rights, lands, and cultures, despite indigenous peoples numbering about 579,000 or 2.5% of Taiwan's population as of 2023.[2] Highland seats cover tribes primarily in eastern and central mountainous regions, such as the Amis, Atayal, and Bunun, while lowland seats represent smaller plains groups like the Kavalan and Sakizaya, reflecting geographic and cultural distinctions recognized by the Council of Indigenous Peoples.[53] Elections for these seats occur every four years alongside general legislative polls, using the single non-transferable vote (SNTV) system in two multi-member constituencies.[54] Eligible indigenous voters, identified via household registration and certified ethnic status, receive a separate ballot and participate only in these reserved contests, excluding them from the 73 single-member geographic districts.[53][55] Candidates must be indigenous adults aged 23 or older, nominated by political parties or as independents, with winners determined by the top vote-getters in each constituency—no threshold applies beyond securing one of the allocated seats.[56] This separation ensures dedicated representation but limits indigenous influence in party-list at-large seats, where major parties like the Kuomintang (KMT) and Democratic Progressive Party (DPP) dominate nominations.[57] The system originated with the 1991 amendments to the Additional Articles, enabling the first direct indigenous elections in December 1992 as part of the transition to a fully elected Legislative Yuan, initially allocating fewer seats that expanded to six by 2008 amid broader electoral reforms reducing total membership from 225 to 113.[2][57] In practice, reserved legislators have advocated for issues like traditional territory reclamation and cultural preservation, though empirical analyses indicate that while quotas boost descriptive representation—yielding over 5% of seats for a 2.5% population share—they have not elevated indigenous-led parties, with seats typically captured by KMT affiliates or independents aligned with mainstream platforms.[58][56] For instance, in the January 2024 elections, four incumbents retained seats while two newcomers prevailed, maintaining KMT plurality control among indigenous members.[52] Critics, including indigenous scholars, argue the SNTV format fragments votes and favors party machines over tribal-specific agendas, potentially undermining substantive policy gains despite formal inclusion.[57][59]Voting Mechanisms and Thresholds
The Legislative Yuan conducts votes in plenary sessions primarily through an electronic voting system, which records individual legislator choices via buttons at their desks, displaying results on screens for transparency and efficiency. Alternative mechanisms include division votes (standing or hand-raising counts), roll-call votes for verification, and secret ballots for sensitive matters such as personnel nominations or internal disputes. These methods are governed by the Legislative Yuan's Rules of Procedure, ensuring recorded accountability except in ballot cases.[60] A quorum for convening plenary sessions and conducting business requires the presence of more than one-half of the total membership, or 57 out of 113 legislators as of the 11th term. Committee meetings operate with a lower quorum of one-third of assigned members (typically 5 out of 14 per standing committee), allowing decisions by a simple majority of those present, often as few as three including the chair. Failure to meet quorum halts proceedings until attendance is sufficient.[18][61] Ordinary bills, budgets, and treaty ratifications pass by a simple majority of legislators present and voting, provided quorum is met; this applies to the third reading in plenary after committee review and caucus consultations. However, specific thresholds demand absolute majorities exceeding half the total membership (57 votes): for instance, upholding an original bill against Executive Yuan amendments or overriding a presidential veto. Motions of no confidence in the premier require initiation by at least one-tenth of members (12) and passage by a simple majority, triggering cabinet resignation unless a new one forms within 10 days.[3][62] Supermajorities apply to constitutional matters: amendments need a quorum of three-fourths (85 members) and approval by three-fourths of those present, following proposal by one-fourth of legislators or the president. Budget shortfalls or interpellations carry no special thresholds beyond simple majority, though political caucuses often negotiate informally to secure passage. These rules, rooted in the Additional Articles of the ROC Constitution (last amended 2005), balance efficiency with checks, though gridlock arises in divided terms without absolute majorities.[63][62]Composition by Term
Pre-Democratization Terms
The First Legislative Yuan, elected between November 1947 and January 1948 across Chinese provinces and special administrative areas, consisted of 760 members intended to represent the entirety of the Republic of China under the 1947 Constitution.[4] These included 510 delegates from provincial and municipal districts, 200 from functional constituencies (such as professions and industries), 30 from overseas Chinese communities, and smaller allocations for Mongolian and Tibetan representation.[64] The body convened its inaugural session on May 18, 1948, in Nanjing, with the Kuomintang (KMT) securing a dominant majority—approximately 618 seats—alongside allied minor parties including the China Youth Party (around 80 seats) and the Democratic Socialist Party (around 75 seats), reflecting pre-arranged allocations amid limited competition.[65] Independent or non-KMT elements held negligible influence, as the elections occurred under KMT control during the Chinese Civil War, prioritizing regime stability over broad pluralism.[66] Following the KMT government's retreat to Taiwan in late 1949 amid Communist advances, approximately 509 surviving members relocated and continued functioning as the Legislative Yuan, suspending regular elections under the February 1948 Temporary Provisions effective during the "period of national mobilization for suppression of the Communist rebellion."[67] This extension, justified as preserving legitimate representation for unoccupied mainland territories, resulted in a de facto lifelong tenure for members, often termed the "eternal parliament," with no fixed term end until constitutional reforms. Membership dwindled over decades due to natural attrition—falling to about 400 by the mid-1970s—without replacements for mainland seats, while the body's decisions increasingly focused on Taiwan's administration under one-party KMT dominance.[68] To address demographic shifts in Taiwan and the offshore islands (the "free areas"), supplementary elections commenced in 1969 for vacancies and newly designated seats, continuing in 1972, 1980, and 1986; these added members primarily from Taiwan province, Kinmen, Matsu, and indigenous districts, all won by KMT candidates amid martial law restrictions on opposition participation.[69] By 1991, the original cohort had largely retired following a Judicial Yuan interpretation mandating their cessation on December 31, paving the way for fully competitive elections in 1992, though pre-democratization composition remained overwhelmingly KMT-aligned, with minor party affiliates comprising less than 20% and no effective opposition until reforms.[70] This structure ensured legislative continuity but entrenched gerontocracy and external representation claims, drawing criticism for disconnect from Taiwan's resident population.[71]Post-Reform Terms (1990s-2010s)
Following the termination of lifelong terms for pre-1949 elected members on December 31, 1991, the Legislative Yuan underwent its first fully democratic election on December 19, 1992, resulting in a body of 161 members serving three-year terms. The Kuomintang (KMT) secured 102 seats, maintaining a majority despite the emergence of opposition representation, primarily from the Democratic Progressive Party (DPP) with 51 seats, marking a shift toward competitive multi-party politics. The 1995 election on December 2 expanded the chamber to 164 seats to accommodate additional indigenous representation, with the KMT retaining a slim majority of 85 seats amid growing DPP gains to 54 seats and the rise of the New Party with 21 seats, reflecting voter fragmentation over issues like corruption and identity.[72][73] Three-year terms persisted, but constitutional amendments in the late 1990s introduced proportional at-large seats, ballooning the total to 225 for the 1998 election on December 5, where the KMT captured 123 seats through a coalition of district and list wins, while the DPP held 58 and the New Party declined to 11.[15][74][75]| Election Year | Total Seats | KMT Seats | DPP Seats | Other Notable Parties/Independents |
|---|---|---|---|---|
| 1992 | 161 | 102 | 51 | Independents and minor parties: 8 |
| 1995 | 164 | 85 | 54 | New Party: 21; Others: 4 [72] |
| 1998 | 225 | 123 | 58 | New Party: 11; Others: 33 [76] |
| 2001 | 225 | 68 | 87 | People First Party (PFP): 46; Taiwan Solidarity Union (TSU): 13; Others: 11 [45] |
| 2004 | 225 | 79 | 89 | PFP: 34; TSU: 12; Others: 11 [77] |
| 2008 | 113 | 81 | 27 | Others (including independents): 5 [78] |
2020s Composition and 2024 Election Outcomes
The tenth Legislative Yuan, elected on January 11, 2020, and serving from February 1, 2020, to January 31, 2024, saw the Democratic Progressive Party (DPP) retain a working majority of 61 seats amid a total of 113 members, enabling it to pass legislation without relying on smaller parties or independents in most cases.[83] The Kuomintang (KMT) secured 38 seats as the primary opposition, with the remaining seats distributed among the Taiwan People's Party (TPP) with 5, the New Power Party (NPP) with 3, the Social Democratic Party (SDP) with 1, and independents or minor affiliations filling the balance.[84] This composition reflected voter backlash against DPP policies on domestic issues like energy and housing, despite the party's strong presidential win, leading to more contentious debates and occasional cross-party negotiations.[85] The 2024 legislative elections, held concurrently with the presidential vote on January 13, 2024, resulted in a fragmented eleventh Legislative Yuan with no single party holding a majority for the first time since 2008, complicating governance under the incoming DPP presidency of Lai Ching-te.[86] The KMT emerged as the largest bloc with 52 seats, followed closely by the DPP with 51, the TPP with 8, the New Party with 1, and 1 independent, reflecting widespread dissatisfaction with the DPP's eight-year rule on economic stagnation and cross-strait tensions, alongside TPP gains from younger voters seeking alternatives to the traditional KMT-DPP duopoly.[22] Voter turnout stood at approximately 71.8%, with the party-list vote showing KMT at 33.5%, DPP at 28.0%, and TPP at 26.5%, underscoring the TPP's breakthrough in at-large seats.[87]| Party | Constituency Seats | Party-List Seats | Total Seats |
|---|---|---|---|
| Kuomintang (KMT) | 36 | 16 | 52[22][21] |
| Democratic Progressive Party (DPP) | 38 | 13 | 51[22][21] |
| Taiwan People's Party (TPP) | 2 | 6 | 8[22][21] |
| New Party | 0 | 1 | 1[22] |
| Independent | 1 | 0 | 1[22] |