期刊論文

標題 Constitution Building in Democratizing Countries: The Case of Taiwan between 2000 and 2010
學年 102
學期 1
出版(發表)日期 2014/01/01
作品名稱 Constitution Building in Democratizing Countries: The Case of Taiwan between 2000 and 2010
作品名稱(其他語言)
著者 Mingsiang Chen
單位
出版者
著錄名稱、卷期、頁數 Tamkang Journal of International Affairs=淡江國際研究 17(3), pp.41-80
摘要 Taiwan reached the status of democratization when the DPP won the 2000 presidential election and took over the government peacefully. However, political conflicts occurred from time to time since the KMT controlled the Legislative Yuan while the DPP the Executive Yuan. Justices of the Constitutional Court were frequently called upon to resolve hot political issues regarding the separation of legislative power and executive power, a metaphor of political struggles between the two parties. It takes a great deal of constitutional temperament to render proper decisions. Constitutional courts in democratizing countries are, in fact, situated in a not so friendly environment, where there are few precedents to follow, where they have to confront difficult issues head on, where they have not developed necessary judicial philosophy to guide them, and where they do not possess the necessary prestige to make hard choices. However, constitutional courts in democratizing countries need, in the absence of these favorable conditions, to forge a constitutional atmosphere in which democracy can flourish. This essay is to cite several landmark rulings handed down by Taiwan's Justices of the Constitutional Court from 2000 to 2010 and to examine their impact on Taiwan's constitution building. Special treatment is given to the impact of the decisions on the political practices and to the constitution building of Taiwan.
關鍵字 Democratic Consolidation;Judicial Review;Constitutional Courts;Constitution Building;Politics of Taiwan
語言 英文
ISSN 1027-4979
期刊性質 國內
收錄於
產學合作
通訊作者 Mingsiang Chen
審稿制度
國別 中華民國
公開徵稿
出版型式 ,紙本