Article IV — The Mainland Constitutional Representation Gap
Status: PUBLIC WORKING OPINION — ADVERSARIAL REVIEW OPEN — NON-BINDING — NO PRESENT STATE JUDICIAL AUTHORITY.
This article examines the constitutional and democratic implications of the absence of free nationwide representation for persons in the Mainland Area and the limits of any provisional consultative mechanism created before lawful free elections become possible.
Core questions
- What does the ROC constitutional order require for periodic democratic representation?
- What weight should be given to J.Y. Interpretation No. 261 and later constitutional developments?
- Can temporary consultative representation be justified without claiming sovereign authority over nonparticipants?
- What safeguards, mandate limits, renewal rules and sunset mechanisms are required?
Participation in a provisional process establishes representation only for participating or otherwise validly authorizing constituencies; it does not establish sovereign representation of all Mainland Area citizens.
FCM Adversarial Review
Strongest objections presently identified. A provisional representative or consultative body may be criticized as constitutionally unauthorized, insufficiently representative, self-appointed, or incapable of exercising any public authority before lawful elections and legally constituted offices exist. Interpretation No. 261 supports periodic democratic representation, but does not itself create authority for a private provisional institution. Internal elections among participants also do not automatically create public constitutional office.
Current FCM response. The working model is deliberately limited to non-sovereign, non-binding consultation and drafting. It claims representation only for persons or constituencies that actually participate or validly authorize participation. It does not claim present legislative authority over nonparticipants or all Mainland Area citizens, and any future public authority would require an independent lawful constitutional basis.
What could change the analysis. Stronger ROC authority on interim representation, lawful delegation, constituent processes, electoral authorization, mandate limits, renewal and sunset rules, and judicial treatment of non-state representative bodies may require revision.
Review status: OPEN — submissions are especially invited on legitimacy, electorate definition, mandate, delegation, accountability, sunset and nonparticipant rights.
Free China 