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How Taiwan's Constitutional Court Reined in Police Power
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Fordham University School of Law Fordham International Law Journal Volume 37, Issue 4 2014 Article 10 How Taiwan’s Constitutional Court Reined in Police Power: Lessons for the People’s Republic of China Margaret K. Lewis∗ Jerome A. Coheny ∗Seton Hall University School of Law yNew York University School of Law Copyright c 2014 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj ARTICLE HOW TAIWAN’S CONSTITUTIONAL COURT REINED IN POLICE POWER: LESSONS FOR THE PEOPLE’S REPUBLIC OF CHINA* Margaret K. Lewis & Jerome A. Cohen INTRODUCTION ........................................................................ 864 I. THE LEGAL REGIME FOR PUNISHING LIUMANG ........... 866 II. STRUCTURE OF CONSTITUTIONAL REVIEW ................. 871 III. INITIAL JUDICIAL INVOLVEMENT IN CURBING POLICE POWER ................................................................ 878 IV. INTERPRETATION NO. 636 ................................................ 882 A. Definition of Liumang and the Principle of Legal Clarity ........................................................................... 883 B. Power of the Police to Force Suspected Liumang to Appear .......................................................................... 891 C. Right to Be Heard by the Review Committee .............. 894 D. Serious Liumang: Procedures at the District Court Level ............................................................................. -
Judicial Review of Government Actions in China
China Perspectives 2019-1 | 2019 Touching the Proverbial Elephant: The Multiple Shapes of Chinese Law Judicial Review of Government Actions in China Wei Cui, Jie Cheng and Dominika Wiesner Electronic version URL: http://journals.openedition.org/chinaperspectives/8703 DOI: 10.4000/chinaperspectives.8703 ISSN: 1996-4617 Publisher Centre d'étude français sur la Chine contemporaine Printed version Date of publication: 20 March 2019 Number of pages: 35-44 ISSN: 2070-3449 Electronic reference Wei Cui, Jie Cheng and Dominika Wiesner, « Judicial Review of Government Actions in China », China Perspectives [Online], 2019-1 | 2019, Online since 19 March 2020, connection on 19 December 2020. URL : http://journals.openedition.org/chinaperspectives/8703 ; DOI : https://doi.org/10.4000/ chinaperspectives.8703 © All rights reserved Special feature China perspectives Judicial Review of Government Actions in China WEI CUI, JIE CHENG, AND DOMINIKA WIESNER ABSTRACT: The judicial review of government actions is often used as a bellwether of the government’s attitude towards the rule of law in China. Accordingly, in gauging the direction of legal reform in the Xi era, media reports have highlighted changes in litigation against government agen - cies as evidence of positive movement towards greater rule of law. We provide a selective review of changes in China’s administrative litigation system in the last few years, giving special attention to the amendment in 2014 of the Administrative Litigation Law (ALL), and a 2018 Supreme People’s Court Interpretation of the same statute. In our view, the question of whether lawsuits might be brought against the government has ar - guably been superseded in importance by the question of how courts will decide such lawsuits. -
Transitional Justice in Taiwan: Changes and Challenges
Washington International Law Journal Volume 28 Number 3 7-1-2019 Transitional Justice in Taiwan: Changes and Challenges Nien-Chung Chang-Liao Yu-Jie Chen Follow this and additional works at: https://digitalcommons.law.uw.edu/wilj Part of the Comparative and Foreign Law Commons Recommended Citation Nien-Chung Chang-Liao & Yu-Jie Chen, Transitional Justice in Taiwan: Changes and Challenges, 28 Wash. L. Rev. 619 (2019). Available at: https://digitalcommons.law.uw.edu/wilj/vol28/iss3/5 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington International Law Journal by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. Compilation © 2019 Washington International Law Journal Association TRANSITIONAL JUSTICE IN TAIWAN: CHANGES AND CHALLENGES Nien-Chung Chang-Liao* and Yu-Jie Chen** Abstract: Taiwan’s experience with transitional justice over the past three decades suggests that dealing with historical injustice is a dynamic and fluid process that is fundamentally shaped and constrained by the balance of power and socio-political reality in a particular transitional society. This Article provides a contextualized legal-political analysis of the evolution of Taiwan’s transitional justice regime, with special attention to its limits and challenges. Since Taiwan’s democratization began, the transitional justice project developed by the former authoritarian Chinese Nationalist Party (Kuomintang, KMT) has been rather disproportionately focused on restorative over retributive mechanisms, with the main emphasis placed on reparations and apology and little consideration of truth recovery and individual accountability. -
Interpreting No. 603 of Taiwan's Constitutional Court As a Guide
IN SEARCH OF A NEW APPROACH OF INFORMATION PRIVACY JUDICIAL REVIEW: INTERPRETING NO. 603 OF TAIWAN'S CONSTITUTIONAL COURT AS A GUIDE Chung-Lin Chen* ABSTRACT Although information privacy has garnered great attention in recent years, its judicial review issues have not received sufficient attention. This article intends to join the endeavor to advance judicial review techniques employed in information privacy cases. Currently, American courts largely rely on the reasonable expectation of privacy test when determining whether information should remain private. However, this test has suffered heavy criticism because it is logically problematic and practically ineffective due to a deficient reasoning process and the difficulty arising from the assessment of "reasonableness." This paper advocates the framework extracted from Interpretation No. 603 of Taiwan's Constitutional Court as an alternative to the test. This alternative framework involves the application of multiple standards and employs the use of principles of information privacy protection, including the constitutionalized purpose specification principle. This framework not only avoids the problems of the reasonable expectation of privacy test, but also promotes a more refined and exquisite approach to judicial review with respect to information privacy cases. INTRODUCTION Although information privacy has attracted great attention in recent years, its issues regarding judicial review have failed to receive sufficient consideration. Previous discussion has centered on legislative strategies responding to technological threats to privacy and has devoted less attention to innovation in judicial review of governmental intrusion. In Taiwan, before the controversy leading to Interpretation No. 603, there were few writings that explored judicial review issues of information privacy, even though Taiwan had * Assistant Professor, Institute of Law for Science and Technology, National Tsing Hua University; S.J.D., University of Wisconsin Law School. -
Chinese Control Yuan: an Independent Supervisory Organ of the State
Washington University Law Review Volume 1963 Issue 4 1963 Chinese Control Yuan: An Independent Supervisory Organ of the State Herbert H. P. Ma Grand Justice, Judicial Yuan, Republic of China Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Part of the Comparative and Foreign Law Commons Recommended Citation Herbert H. P. Ma, Chinese Control Yuan: An Independent Supervisory Organ of the State, 1963 WASH. U. L. Q. 401 (1963). Available at: https://openscholarship.wustl.edu/law_lawreview/vol1963/iss4/1 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. WASHINGTON UNIVERSITY LAW QUARTERLY Volume 1963 December, 1963 Number 4 THE CHINESE CONTROL YUAN: AN INDEPENDENT SUPERVISORY ORGAN OF THE STATE HERBERT HAN-PAO MA* In recent years, quite a number of articles on the Scandinavian censorial institution of the Ombudsman have appeared in English- language publications.' In 1961, the University of Pennsylvania Law Review published three articles about this institution,2 in one of which an American professor made serious suggestions for a similar office for the United States.3 The purpose of this article is to introduce Western readers to the Control Yuan of the Republic of China. Al- though similar in purpose to the Ombudsman, the Control Yuan is a unique supervisory organ with roots in modern Chinese constitutional theory and in the traditional Chinese censorial administrative system. -
ACROSS the TAIWAN STRAIT: from COOPERATION to CONFRONTATION? 2013–2017
VOLUME 6 2015–2017 ACROSS THE TAIWAN STRAIT: from COOPERATION to CONFRONTATION? 2013–2017 Compendium of works from the China Leadership Monitor ALAN D. ROMBERG ACROSS THE TAIWAN STRAIT: from COOPERATION to CONFRONTATION? 2013–2017 Compendium of works from the China Leadership Monitor ALAN D. ROMBERG VOLUME SIX September 9, 2015–September 11, 2017 JUNE 2018 Stimson cannot be held responsible for the content of any webpages belonging to other firms, organizations, or individuals that are referenced by hyperlinks. Such links are included in good faith to provide the user with additional information of potential interest. Stimson has no influence over their content, their correctness, their programming, or how frequently they are updated by their owners. Some hyperlinks might eventually become defunct. Copyright © 2018 Stimson All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means without prior written consent from Stimson. The Henry L. Stimson Center 1211 Connecticut Avenue Northwest, 8th floor Washington, DC 20036 Telephone: 202.223.5956 www.stimson.org Preface Brian Finlay and Ellen Laipson It is our privilege to present this collection of Alan Romberg’s analytical work on the cross-Strait relationship between the People’s Republic of China (PRC) and Taiwan. Alan joined Stimson in 2000 to lead the East Asia Program after a long and prestigious career in the Department of State, during which he was an instrumental player in the development of the United States’ policy in Asia, particularly relating to the PRC and Taiwan. He brought his expertise to bear on his work at Stimson, where he wrote the seminal book on U.S. -
Terminating Nuclear Power P.O
February 2020 | Vol. 50 | Issue 2 THE AMERICAN CHAMBER OF COMMERCE IN TAIPEI IN OF COMMERCE THE AMERICAN CHAMBER Terminating Nuclear Power 終止核電 TAIWAN BUSINESS TOPICS TAIWAN February 2020 | Vol. 50 | Issue 2 Vol. 2020 | February 中 華 郵 政 北 台 字 第 INDUSTRY FOCUS REAL ESTATE 5000 BACKGROUNDER 號 執 照 登 記 為 雜 誌 交 寄 PET INDUSTRY ISSUE SPONSOR Published by the American Chamber Of NT$150 NT$150Commerce In Taipei Read TOPICS Online at topics.amcham.com.tw 2_2019_Cover.indd 1 2020/1/29 下午10:26 CONTENTS NEWS AND VIEWS 6 President’s View The election is over. It’s time for a FEBRUARY 2020 VOLUME 50, NUMBER 2 fresh start. 一○九年二月號 By William Foreman 7 Editorial Publisher Taiwan Deserves Congratulations William Foreman 為台灣民主喝采 Editor-in-Chief Don Shapiro 8 Taiwan Briefs Deputy Editor Jeremy Olivier By Jeremy Olivier Art Director/ / 12 Issues Production Coordinator Katia Chen Reviewing the Recent Legislative Manager, Publications Sales & Marketing Term Caroline Lee 第九屆立法院會期回顧 Translation Kevin Chen, Yichun Chen By Eric P. Moon/Soundline Con- sulting American Chamber of Commerce in Taipei COVER SECTION 129 MinSheng East Road, Section 3, 7F, Suite 706, Taipei 10596, Taiwan Terminating Nuclear Power P.O. Box 17-277, Taipei, 10419 Taiwan Tel: 2718-8226 Fax: 2718-8182 終止核電 e-mail: [email protected] website: http://www.amcham.com.tw 撰文/法提姆 By TIMOTHY FERRY 050 15 Nuclear Decommissioning 2718-8226 2718-8182 Stuck in Limbo Taiwan Business Topics is a publication of the American Chamber of Commerce in Taipei, ROC. 核電廠除役進退兩難 Contents are independent of and do not necessarily reflect the views of the Officers, Board of Governors, Supervisors or members. -
Taiwan's Constitutional Reform
ASIA PROGRAM SPECIAL REPORT NO. 125 NOVEMBER 2004 INSIDE Taiwan’s Constitutional Reform: JIUNN-RONG YEH Hope or Nope: The Domestic Inspiration and External Second Call for a New Constitution in Taiwan Constraints page 4 JACQUES DELISLE ABSTRACT: This Special Report discusses both domestic inspirations for and external con- straints on Taiwan’s constitutional reform. Minister Jiunn-rong Yeh of the Research, Reforming/Replacing the Development and Evaluation Commission, the Executive Yuan,Taiwan, argues that a new con- ROC Constitution: stitution could enhance Taiwan’s democratic and effective governance, and help to develop a Implications for Taiwan’s Taiwanese national identity. Professor Jacques deLisle of the University of Pennsylvania Law State (-Like) Status and U.S. Policy School contends that a new constitution would worsen cross-Strait relations and challenge U.S. policy toward China and Taiwan. Professor Alan M.Wachman of the Fletcher School of Law and page 12 Diplomacy maintains that mutual accommodation between China and Taiwan is possible through dialogue.While the three essays all recognize the inevitability of some sort of constitu- ALAN M. WACHMAN tional reform, they vary on its final direction as well as possible implications for Washington- Constitutional Diplomacy: Taipei-Beijing relations. Taipei’s Pen, Beijing’s Sword page 19 Introduction United States? Does the United States have a Gang Lin role to play in influencing Taiwan’s constitu- tional reform, or the methods by which such ince Taiwan’s political democratization reform is carried out? The following three starting in 1986, the Constitution of essays explore these and related issues. S the Republic of China (ROC) has The first essay,by Minister Jiunn-rong Yeh experienced six rounds of revision. -
Authoritarian Regime Types, Political and Socio-Economic Outcomes
Authoritarian Regime Types, Political and Socio-Economic Outcomes, and Democratic Survival Huang-Ting Yan A thesis submitted for the degree of Doctor of Philosophy Department of Government University of Essex Year of Award: 2020 1 Summary This dissertation addresses the question of which factors shape outcomes in autocratic regimes, and, in turn, what influences the survival of democratic regimes in light of their authoritarian legacies. I argue that regimes which are able to curtail the dictator’s powers, compared to uncontested autocracies, are associated with better institutional and socio-economic outcomes during the authoritarian rule as well as a higher survival rate upon transition to democracy. The first two papers of this dissertation provide evidence that regimes where the leader’s power is constrained either by an organised opposition or by a strong regime party are more likely to have an independent judiciary and experience higher levels of health expenditure. A third paper provides evidence that the mechanisms which protect contested autocracies also lay the foundation for an institutional framework in which the subsequent democratic regimes are more likely to survive. This dissertation offers a mixed-methods approach to confirm the three arguments. In conclusion, only with checks and balances in place, those in power can stay humble, take care of people, and promote good governance, compared to the ruler with unlimited power. 2 1. INTRODUCTION This dissertation addresses the question of which factors shape outcomes in autocratic regimes, which, in turn, influence the survival of democratic regimes in light of their authoritarian legacies. To explain the difference in the lifespan of young democracies, scholars have compiled a list of causal factors and their mechanisms that affect these democracies. -
Taiwan's 9-In-1 Local Elections
12th Annual Conference on “The Taiwan Issue in China-Europe Relations” Shanghai, China September 21-22, 2015 A workshop jointly organised by the German Institute for International and Security Affairs / Stiftung Wissenschaft und Politik (SWP), Berlin and the Shanghai Institutes for International Studies (SIIS), Shanghai. With friendly support of the Friedrich-Ebert- Stiftung (Shanghai Office). Discussion Paper Do not cite or quote without author’s permission Taiwan’s 9-in-1 local elections: Implications for 2016 Jonathan Sullivan School of Contemporary Chinese Studies, University of Nottingham Taiwan’s 9-in-1 local elections: Implications for 2016 Jonathan Sullivan1 Introduction In November 2014, Taiwan undertook a largescale exercise in democratic competition, with the simultaneous election of over eleven thousand public officials. The election results were interpreted as a categorical reversal for the ruling Kuomintang (KMT).2 The KMT share of the popular vote was among its worst ever nationwide performances (just over 40%), and the party ceded control of a number of previous strongholds. In terms of the highest level of office on offer, the party won six of 22 mayoral and commissioner contests, its worst showing since 1997 when it won eight of 23 available seats. The opposition Democratic Progressive Party (DPP) increased its share from six mayoral and commissioner seats (from 2009 and 2010 when elections were held separately), to 13 out of 22. A DPP-endorsed independent with no political experience, Ko Wen- je (Ke Wenzhe 柯文哲), won the marquee contest for Taipei City, beating the KMT candidate, Sean Lien (Lian Shengwen 連勝文), scion of the fabulously wealthy political family that had given us earlier benchmarks in electoral futility, including Lien Chan’s (Lian Zhan 連戰) third place in the 2000 presidential election. -
Taiwan's 2014 Nine-In-One Election
TAIWAN’S 2014 NINE-IN-ONE ELECTION: GAUGING POLITICS, THE PARTIES, AND FUTURE LEADERS By John F. Copper* TABLE OF CONTENTS I. INTRODUCTION .................................. 2 II. PAN-GREEN’S HANDICAPS ...................... 6 III. PAN-BLUE’S TRAVAILS ........................... 17 IV. PRE-ELECTION POLITICS ........................ 28 A. State of the Economy ............................ 28 B. Sunflower Student Movement ................... 31 C. Gas Explosion in Kaohsiung and Bad Cooking Oil Incidents ..................................... 36 V. THE CANDIDATES AND THE CAMPAIGN ..... 39 A. Taipei Mayor Race: Sean Lien v. KO Wen-je .... 44 B. Taichung Mayor Race: Jason Hu v. LIN Chia- Lung . ............................................ 48 C. Predictions of Other Elections ................... 50 D. How Different Factors May Have Influenced Voting ........................................... 50 VI. THE ELECTION RESULTS ........................ 51 A. Taipei City Mayoral Election Results ............ 53 B. Taichung Mayoral Election Results .............. 55 C. New Taipei Mayoral, Taoyuan Mayoral and Other Election Results ................................. 56 D. Main Reasons Cited Locally for the DPP Win and KMT Defeat ................................ 59 E. Reaction and Interpretation of the Election by the Media and Officialdom in Other Countries . 61 VII. CONCLUSIONS ......... ........................... 64 A. Consequences of This Election in Terms of Its Impact on Taiwan’s Future ...................... 70 * John F. Copper is the Stanley J. Buckman Professor of International Studies (emeritus) at Rhodes College in Memphis, Tennessee. He is the author of a number of books on Taiwan, including Taiwan’s Democracy on Trial in 2010, Taiwan: Nation-State or Province? Sixth edition in 2013 and The KMT Returns to Power: Elections in Taiwan 2008 to 2012 (Lanham: Lexington Books, 2013). He has written on Taiwan’s elections since 1980. (1) 2 CONTEMPORARY ASIAN STUDIES SERIES B. -
Taiwan’S Constitution, the Republic of China Constitution (Hereinafter “The ROC Constitution” Or “The Constitution”), Was Enacted on Mainland China in 1947
The second Melbourne Forum on Constitution Building in Asia and the Pacific Manila, the Philippines 3-4 October 2017 Jointly organised by International IDEA and the Constitution Transformation Network Hosted by Department of Political Science, University of the Philippines Diliman What events led to the constitutional revisions towards democratisation that began in the 1980s? What constitutional changes were made? Taiwan’s Constitution, the Republic of China Constitution (hereinafter “the ROC Constitution” or “the Constitution”), was enacted on Mainland China in 1947. However, the government controlled by the Nationalist Party (Kuomintang, KMT) lost to the Chinese Communist Party (CCP) in the civil war during 1947-48 and was relocated to Taiwan in 1949. Due to the government relocation and ensuing warfare between Taiwan and Mainland China across the Taiwan Strait, the ROC Constitution was not implemented. Instead, the Temporary Provisions Effective during the Period of National Crisis” (hereinafter “the 1948 Temporary Provisions” or “the Temporary Provisions”) that substantially expanded presidential powers were enacted along with the imposition of a martial law decree that curtailed the enjoyment of civil and political rights for decades. With the government’s relocation, the President, the five branches (Yuans) of the national government – the Executive Yuan, the Legislative Yuan, the Judicial Yuan, the Examination Yuan and the Control Yuan (a functional equivalent to modern ombudsmen) – and the National Assembly (vested with the exclusive power of constitutional revision), all elected or appointed on Mainland China, resumed their offices in Taiwan. Very soon a serious constitutional question arose as to whether and how to conduct a second national election for the representatives of the Legislative Yuan and the National Assembly (to be directly elected by the people), and for the members of the Control Yuan (to be elected by provisional councils).