Constitution Building in Democratizing Countries: The Case of Taiwan between 2000 and 2010

Ming-Siang Chen

《Tamkang Journal of International Affairs》 17卷3期 (2014/01) Pp. 41-80

https://doi.org/10.6185/TJIA.V.17.N3.P41P80

並列摘要

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.

並列關鍵字

Democratic Consolidation ； Judicial Review ； Constitutional Courts ； Constitution Building ； Politics of Taiwan

參考文獻

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