The Constitution of Taiwan: A Contextual Analysis

ISBN-13: 9781849465120 / Angielski / Miękka / 2016 / 288 str.

Jiunn Rong Yeh

Opis

Taiwan is a tale of miracles in the 20th century: the economic miracle in the 1970s-1980s; the democratic miracle that brought about a silent revolution from a notorious authoritarian regime to a full democracy in Asia; and the constitutional miracle in which political reform was achieved through constitutional means. Indeed, Taiwan's transition to democracy was made possible by incremental constitutional revisions, courts responsive to changing dynamics, and a civil society engaged in the project of constitutional transformation. These changes ushered in the unprecedented development of a transitional and transnational constitutionalism. This book explains the drivers and context of these constitutional transformations: democratization, indigenization, and globalization. These transformed an externally-imposed constitution into an internally-embraced and vibrant one. The changes analyzed include institutional shifts: from a cabinet system to a semi-presidential one * from three parliaments to one * from manipulated central-local relations to a functional federalism * from a Constitutional Court that merely rubber stamped to one that is responsive and supports dialogue. More importantly, the book details how a short list of constitutional rights has been transformed into a burgeoning rights-based discourse engaged by civil society. (Series: Constitutional Systems of the World) Subject: Constitutional Law, Administrative Law, Asian Law, Politics]