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JournalISSN: 1812-6324

National Taiwan University Law Review 

About: National Taiwan University Law Review is an academic journal. The journal publishes majorly in the area(s): Constitutionalism & Human rights. It has an ISSN identifier of 1812-6324. Over the lifetime, 112 publications have been published receiving 1130 citations.


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TL;DR: In this paper, the authors examine three constitutional courts in Asia: Taiwan, Korea and Mongolia, and argue that the design and functioning of constitutional review are largely a function of politics and interests.
Abstract: New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing 'insurance' to prospective electoral losers, judicial review can facilitate democracy.

737 citations

Journal Article
TL;DR: In this article, the decline and fall of parliamentary sovereignty is discussed, and a comparison of constitutional courts is made between the two types of courts, the grand justices of China and the constitutional court of Korea.
Abstract: Acknowledgements Notes on usage Introduction: the decline and fall of parliamentary sovereignty 1. Why judicial review? 2. Constituting judicial power 3. Building judicial power 4. Courts in new democracies 5. Confucian constitutionalism? The grand justices of the Republic of China 6. Distorting democracy? The constitutional court of Mongolia 7. Rule by law or rule of law? The constitutional court of Korea 8. Conclusion: comparing constitutional courts Bibliography Index.

58 citations

Journal Article
TL;DR: The authors examines the causes and consequences of judicialization, with particular reference to East and Southeast Asia, and argues that judicialization has resulted from global trends interacting with local political and economic circumstances.
Abstract: Judicialization, the expansion of judicial involvement in the formation and regulation of public policy, has recently received a good deal of attention. This article examines the causes and consequences of judicialization, with particular reference to East and Southeast Asia. It argues that judicialization has resulted from global trends interacting with local political and economic circumstances. The consequences are both positive and negative, and US experience sheds some light on what to avoid. The article also argues that the process of judicialization may be reversible in certain circumstances.

26 citations

Journal Article
TL;DR: Wang et al. as discussed by the authors published a Chinese version of this article in the National Taiwan University Law Journal (Vol. 36, No. 3, 2007) and rewrote the article in English and took Taiwan's recent developments into consideration as well.
Abstract: Taiwan encountered its first exposure to Western constitutionalism with the advent of Japanese rule in the late 19th century. The Japanese colonial government brought the system of separation of powers to Taiwan through its Meiji Constitution, though its scope was limited early on because the Taiwanese were not familiar with this system. However, during the latter period of Japanese rule, some Taiwanese elites applied the concepts in the Meiji Constitution to their struggles for civil rights, and to a certain degree succeeded. Since 1945, the Chinese Nationalist Party (KMT) government, which lacked experience with constitutionalism, had governed Taiwan for more than 50 years. The KMT government concentrated power in the administrative branch, and specifically in the party and the dictator himself. Nevertheless, for the sake of political expediency, the KMT government nominally abided by the Republic of China Constitution, which was drafted in China before the Communist revolution, though suspended many important provisions. Following the democratization and liberalization of Taiwan in the late 1980s as well as the change *** One of the authors of this article, Tay-sheng Wang, has published a Chinese version on the same topic in the National Taiwan University Law Journal (Vol. 36, No. 3) in September, 2007. For our English-speaking readers, we re-write the article in English and take Taiwan’s recent developments into consideration as well. The citations in this English version, therefore, are to a certain degree different from those of the Chinese version. The authors would like to thank Aaron Milchiker, a practicing lawyer and husband of I-Hsun, for his revising the English in the article and providing valuable comments. *** Tay-sheng Wang: Distinguished Professor of Law, National Taiwan University; Joint Appointment Researcher Fellow, the Institute of Taiwan History and Institutum Iurisprudentiae (Preparatory Office), Academia Sinica. E-mail: tswang@ntu.edu.tw. *** I-Hsun Sandy Chou: Adjunct Professor, Chapman University College; JSD, University of Chicago Law School, 2008. E-mail: choulu@hotmail.com.

14 citations

Journal Article
TL;DR: In this article, the authors analyze the development of transitional constitutionalism by identifying its features, perspectives, functions, and characteristics, and examine to what extent and in what ways the developments in transitionalconstitutionalism pose challenges to our traditional understanding of modern constitutional laws.
Abstract: This article deals with the question of whether and to what extent constitutional developments in new democracies have changed our understandings of constitutionalism. We attempt to theorize a changing landscape of constitutionalism and examine its features, functions and characteristics. We first analyze the development of transitional constitutionalism by identifying its features, perspectives, functions, and characteristics. Then we examine to what extent and in what ways the developments in transitional constitutionalism pose challenges to our traditional understanding of modern constitutional laws. Providing possible solutions to the challenges, we finally argue that notwithstanding challenges, the addition of transitional constitutionalism to traditional understandings has expanded the horizon of constitutionalism and created new opportunities for a coming generation of constitutional lawyers.

13 citations

Performance
Metrics
No. of papers from the Journal in previous years
YearPapers
20226
20184
20174
20161
20154
20137