It is provided in Article 4 of the Amendments to the Constitution that the election and recall of members of the National Assembly and the Legislative Yuan shall be arranged in accordance with provisions set forth in the Public Officials Election and Recall Act. Since said members representing overseas Chinese and the National Sector shall be elected by means of party-list proportional representation, rather than by votes cast by eligible voters in a precinct concerned, it follows that they shall not be recalled by the balloting of eligible voters in the precinct concerned, as stipulated in Article 133 of the Constitution. Under such a circumstance, the people’s right to recall is restricted. Article 69, Paragraph 2, of the Public Officials Election and Recall Act, which reads: “Provisions governing the recall procedure shall not apply to those elected to represent overseas Chinese and the National Sector,” follows the abovementioned constitutional intent and is therefore not in conflict with the Constitution.
Articles 1, 2 and 4 of the Amendment to the Constitution introduced the system of party-list proportional representation for the election of congressmen who represent overseas Chinese and the National Sector. The legislative intent of such Articles is to ensure that a certain portion of congressmen, while they are exercising the power conferred, do not yield to the will of regional voters in particular precincts, so that they may learn the genuine will of the people as a whole and preserve national interests; in addition, said Articles also are meant to prompt political parties to nominate the most talented, virtuous and reputable members to be said congressmen within the quota proportionate to total ballots won in a particular election and allocated to each party, so that such congressmen may serve their country. Nonetheless, if any of said congressmen should lose his membership in the political party from which he is elected, it is certain that he will also be deprived of his eligibility for the position in the Congress, since the legal foundation of his election is forfeited. Only then can the constitutional intent of introducing such a system be met. (See Article 30, Paragraph 1, of the Law of Constitutional Interpretation Procedure, which provides that where a political party is declared dissolved, its congressmen elected on the basis of party-list proportional representation shall be disqualified as such.) In addition to the aforesaid, a law governing such a procedure of replacement of congressmen, in order to fill the vacancy left by the deposed, shall be enacted accordingly so as to maintain the due course of operation of political parties under democracy.