Fistfighting in National Legislatures by Olena Blaney B.A. Foreign
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Tatay-Sheng Wang, the Legal Development of Taiwan in the 20Th
Washington International Law Journal Volume 11 Number 3 6-1-2002 The Legal Development of Taiwan in the 20th Century: Toward a Liberal and Democratic Country Tay-sheng Wang Follow this and additional works at: https://digitalcommons.law.uw.edu/wilj Part of the Comparative and Foreign Law Commons Recommended Citation Tay-sheng Wang, The Legal Development of Taiwan in the 20th Century: Toward a Liberal and Democratic Country, 11 Pac. Rim L & Pol'y J. 531 (2002). Available at: https://digitalcommons.law.uw.edu/wilj/vol11/iss3/3 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]. Copyright 0 2002 Pacific Rim Law & Policy Journal Associalion THE LEGAL DEVELOPMENT OF TAIWAN IN THE 20TH CENTURY: TOWARD A LIBERAL AND DEMOCRATIC COUNTRY* Tay-sheng Wang I. INTRODbCTION The legal development of Taiwan' in the twentieth century reflects the complex legacy of "one land with two national flags." A government imposed by Japan ruled Taiwan for the first half of the twentieth century (1895-1945), followed by a government originating in China (the Chinese mainland) in the second half of the century (1945-2000). The people who came from Japan or Republican China became the leading class in Taiwan. Accordingly, these two regimes were regarded by the native inhabitants as foreign rulers.2 Taiwan's legal institutions underwent a radical change on the eve of the twentieth century. -
Retest & Interviewer Assessment in TEDS
Asian Journal for Public Opinion Research - ISSN 2288-6168 (Online) 67 Vol. 8 No.2 May 2020: 67-104 http://dx.doi.org/10.15206/ajpor.2020.8.2.67 Does Fake News Matter to Election Outcomes? The Case Study of Taiwan’s 2018 Local Elections Tai-Li Wang 1 National Taiwan University, Graduate Institute of Journalism, Taiwan Abstract Fake news and disinformation provoked heated arguments during Taiwan’s 2018 local election. Most significantly, concerns grew that Beijing was attempting to sway the island’s politics armed with a new “Russian-style influence campaign” weapon (Horton, 2018). To investigate the speculated effects of the “onslaught of misinformation,” an online survey with 1068 randomly selected voters was conducted immediately after the election. Findings confirmed that false news affected Taiwanese voters’ judgment of the news and their voting decisions. More than 50% of the voters cast their votes without knowing the correct campaign news. In particular, politically neutral voters, who were the least able to discern fake news, tended to vote for the China-friendly Kuomintang (KMT) candidates. Demographic analysis further revealed that female voters tended to be more likely to believe fake news during the election period compared to male voters. Younger or lower-income voters had the lowest levels of discernment of fake news. Further analyses and the implications of these findings for international societies are deliberated in the conclusion. Keywords: disinformation, fake news, China influence, election, voting behavior, political communication 1 Tai-Li Wang, National Taiwan University, Graduate Institute of Journalism, No. 1, Section 4, Roosevelt Rd, Da’an District, Taipei City, Taiwan 106 or by e-mail at [email protected]. -
Volume 75 Number 2 Summer/Fall 2018 Jana
Volume 75 Number 2 Summer/Fall 2018 The Ejusdem Generis Of A-B-: 65 Ongoing Asylum Advocacy For Domestic Violence Survivors Linda Kelly Racism in the Legal Profession: 82 A Racist Lawyer Is An Incompetent Lawyer Jana DiCosmo Measuring Mercy: Protecting 100 Patient Discretion In Terminal Care Under The Fourteenth Amendment Kelsey Nicholas editor’s preface The bigotries, phobias, and moral crimes of the Trump administration are too legion for any law review to examine completely, even in a special jumbo edition. The best we can do is expose and seek to correct them one obnoxious offense at a time. In “The Ejusdem Generis of A-B-: Ongoing Asylum Advo- cacy for Domestic Violence Survivors,” Linda Kelly zeroes in on an especially repellant Department of Justice (“DOJ”) opinion in which the misogyny and xenophobia of Trumpism coalesce into something close to pure cruelty. In Matter of A-B- then-Attorney General Jeff Sessions unilaterally reversed the policy established by the DOJ’s Board of Immigration Appeals that fa- cilitated protections to immigrant victims of domestic violence seeking asy- lum. A-B- narrows the rules, heightens the burdens, and otherwise worsens the already-hellish lives of some of the poorest, most desperate and forlorn refugees to arrive at our borders. These are mostly women who’ve already suffered indefensible gender-based cruelty and violence and are now far more likely to be redirected back for even more of it. Kelly’s article is a how-to manual for human rights attorneys advocating on behalf of these asylum-seekers. She provides insight and analysis along with practical, tactical suggestions for how to win these cases. -
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 ............................................................................. -
The Origins and Development of Taiwan's Policies Toward The
The Origins and Development of Taiwan’s Policies toward the Overseas Citizens’ Participation in Homeland Governance and Decision-Making Dean P. Chen, Ph.D. Assistant Professor of Political Science Ramapo College of New Jersey Presentations for the Center on Democracy, Development, and the Rule of Law Stanford University February 28, 2014 How International Relations (IR) Theories Matter? • Second-image reversed (Peter Gourevitch, 1978) – International systemic changes affect domestic politics – Domestic political actors and institutions filter the effects of international conditions, resulting in changes of interests, coalitions, norms, ideas, identities and policies • Constructivist theory of argumentative persuasion (Thomas Risse, 2000) – Interests and identities can be changed through the social interactive processes of argumentation, deliberation, and persuasion Main Argument • The Republic of China (ROC)/Taiwan’s policies toward overseas constituents have always been closely aligned with the government’s diplomatic objectives – From KMT’s pan-Chinese nationalism to Taiwan’s desire for a greater international space and political autonomy • Transformations of international politics inevitably shape the domestic political situations in ROC/Taiwan, which, then, impact policies toward the overseas community • Despite facing a rising People’s Republic of China (PRC), Taiwan’s democratization and rising Taiwanese consciousness have fostered a new set of identities, interests, and arguments that compete with Beijing’s “one China” principle -
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. -
Women's Political Participation and Representation in Asia
iwanaga The ability of a small elite of highly educated, upper-class Asian women’s political women to obtain the highest political positions in their country is unmatched elsewhere in the world and deserves study. But, for participation and those interested in a more detailed understanding of how women representation strive and sometimes succeed as political actors in Asia, there is a women’s marked lack of relevant research as well as of comprehensive and in asia user-friendly texts. Aiming to fill the gap is this timely and important study of the various obstacles and opportunities for women’s political Obstacles and Challenges participation and representation in Asia. Even though it brings political together a diverse array of prominent European and Asian academicians and researchers working in this field, it is nonetheless a singularly coherent, comprehensive and accessible volume. Edited by Kazuki Iwanaga The book covers a wide range of Asian countries, offers original data from various perspectives and engages the latest research on participation women in politics in Asia. It also aims to put the Asian situation in a global context by making a comparison with the situation in Europe. This is a volume that will be invaluable in women’s studies internationally and especially in Asia. a nd representation representation i n asia www.niaspress.dk Iwanaga-2_cover.indd 1 4/2/08 14:23:36 WOMEN’S POLITICAL PARTICIPATION AND REPRESENTATION IN ASIA Kazuki_prels.indd 1 12/20/07 3:27:44 PM WOMEN AND POLITICS IN ASIA Series Editors: Kazuki Iwanaga (Halmstad University) and Qi Wang (Oslo University) Women and Politics in Thailand Continuity and Change Edited by Kazuki Iwanaga Women’s Political Participation and Representation in Asia Obstacles and Challenges Edited by Kazuki Iwanaga Kazuki_prels.indd 2 12/20/07 3:27:44 PM Women’s Political Participation and Representation in Asia Obstacles and Challenges Edited by Kazuki Iwanaga Kazuki_prels.indd 3 12/20/07 3:27:44 PM Women and Politics in Asia series, No. -
Pivot, Hedger, Or Partner Strategies of Lesser Powers Caught Between Hegemons
11 Pivot, Hedger, or Partner Strategies of Lesser Powers Caught between Hegemons Yu-Shan Wu Taiwan is strategically situated between the United States and the People’s Repub- lic of China (PRC). It is impossible to understand cross-Strait relations without looking into this global strategic context. Although one may not agree with the pessimistic prediction of the power transition theory, namely that the closing gap between the United States and China will result in a titanic clash between the world’s hegemon and its challenger, it is nevertheless undeniable that the two strongest nations in today’s world have been locked in tense strategic competition. China wants to reclaim its lost central place in the world, a wish that is naturally resisted by today’s hegemon, the United States. This is not to deny that Washing- ton and Beijing collaborate in many aspects of their relationship, such as the fight against international terrorism and their joint efforts to deal with climate change. However, as the capabilities of the two giants are getting closer and closer, the relation is strained, with China understandably striving for an equal say on inter- national affairs and the United States hesitant to grant such status to its challenger. The refusal to give China a voting weight in the International Monetary Fund (IMF) that reflects its economic clout is one vivid example, and the competition between the two over the issue of Asian Infrastructure Investment Bank (AIIB) is another. The main geopolitical fault line for Sino-American competition is found in East Asia. Another great strategic conflict in today’s world is between the West and Russia over Ukraine. -
Taxonomy of Minority Governments
Indiana Journal of Constitutional Design Volume 3 Article 1 10-17-2018 Taxonomy of Minority Governments Lisa La Fornara [email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/ijcd Part of the Administrative Law Commons, American Politics Commons, Comparative and Foreign Law Commons, Comparative Politics Commons, Constitutional Law Commons, International Law Commons, Law and Politics Commons, Legislation Commons, Public Law and Legal Theory Commons, Rule of Law Commons, and the State and Local Government Law Commons Recommended Citation La Fornara, Lisa (2018) "Taxonomy of Minority Governments," Indiana Journal of Constitutional Design: Vol. 3 , Article 1. Available at: https://www.repository.law.indiana.edu/ijcd/vol3/iss1/1 This Article is brought to you for free and open access by Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Journal of Constitutional Design by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Taxonomy of Minority Governments LISA LA FORNARA INTRODUCTION A minority government in its most basic form is a government in which the party holding the most parliamentary seats still has fewer than half the seats in parliament and therefore cannot pass legislation or advance policy without support from unaffiliated parties.1 Because seats in minority parliaments are more evenly distributed amongst multiple parties, opposition parties have greater opportunity to block legislation. A minority government must therefore negotiate with external parties and adjust its policies to garner the majority of votes required to advance its initiatives.2 This paper serves as a taxonomy of minority governments in recent history and proceeds in three parts. -
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. -
Searching for Blood in the Streets: Mapping Political Violence Onto
Bates College SCARAB Honors Theses Capstone Projects Spring 5-2016 Searching for Blood in the Streets: Mapping Political Violence onto Urban Topography in the Late Roman Republic, 80-50 BCE Theodore Samuel Rube Bates College, [email protected] Follow this and additional works at: http://scarab.bates.edu/honorstheses Recommended Citation Rube, Theodore Samuel, "Searching for Blood in the Streets: Mapping Political Violence onto Urban Topography in the Late Roman Republic, 80-50 BCE" (2016). Honors Theses. 186. http://scarab.bates.edu/honorstheses/186 This Open Access is brought to you for free and open access by the Capstone Projects at SCARAB. It has been accepted for inclusion in Honors Theses by an authorized administrator of SCARAB. For more information, please contact [email protected]. Searching for Blood in the Streets: Mapping Political Violence onto Urban Topography in the Late Roman Republic, 80-50 BCE An Honors Thesis Presented to The Faculty of the Department of Classical and Medieval Studies Bates College in partial fulfillment of the requirements for the Degree of Bachelor of Arts By Theodore Samuel Rube Lewiston, Maine March 28th, 2016 2 Acknowledgements I want to take this opportunity to express my sincerest gratitude to everybody who during this process has helped me out, cheered me up, cheered me on, distracted me, bothered me, and has made the writing of this thesis eminently more enjoyable for their presence. I am extremely grateful for the guidance, mentoring, and humor of Professor Margaret Imber, who has helped me through every step of this adventure. I’d also like to give a very special thanks to the Bates Student Research Fund, which provided me the opportunity to study Rome’s topography in person.