Download or read book Judicial Independence in Taiwan written by Fumei Sung and published by . This book was released on 2011 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Reform in Taiwan written by Neil Chisholm and published by Routledge. This book was released on 2019-11-04 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines Taiwan’s judicial reform process, which began three years after the 1996 transition to democracy, in 1999, when Taiwanese legal and political leaders began discussing how to reform Taiwan’s judicial system to meet the needs of the new social and political conditions. Covering different areas of the law in a comprehensive way, the book considers, for each legal area, problems related to rights and democracy in that field, the debates over reform, how foreign systems inspired reform proposals, the political process of change, and the substantive legal changes that ultimately emerged. The book also sets Taiwan’s legal reforms in their historical and comparative context, and discusses how the reform process continues to evolve.
Download or read book The Movement Strategy in Taiwan s Judicial Independence Reform written by Chin-shou Wang and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Independence in China written by Randall Peerenboom and published by Cambridge University Press. This book was released on 2009-11-23 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.
Download or read book A Model Or a Symbol written by Tao-Chou Chang and published by . This book was released on 2013 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research examines the criminal intellectual property (IP) judicial reforms of Taiwan under the U.S. Special 301 framework. These reforms targeted the sole intermediate appellate court specializing in IP, the Intellectual Property Court (IPC). Following twenty years of judicial reforms trying to raise criminal punishment against IP infringers, Taiwan finally established the IPC in 2008 and transferred jurisdiction over appellate criminal IP cases to it. Due in part to these twenty years of reforms, the United States lifted its long-term Special 301 oversight from Taiwan in 2009, and named Taiwan as a successful model of fighting IP piracy. In spite of U.S. efforts, Taiwan's judiciary continued to follow existing sentencing patterns. This resistance to change appears to be due to the creation of a judicial culture surrounding the sentencing of criminal IP defendants and gradually increasing judicial independence in general. Because the institutional context within which judges sentence criminal IP defendants remained largely unchanged after the reforms, the reforms had little impact. Long-term conflicts between the reforms resulting from U.S. pressure and the local context of judicial practice were the reality behind what the United States claimed was a successful model of IP law reform to reduce piracy in Taiwan. The termination of the U.S. oversight in 2009 provides an opportunity to explore this so-called successful model. This research answers the following questions with respect to the conflicts: What is the U.S. Special 301 framework which shaped Taiwan's judicial reforms toward a punishment regime for IP protection? What are the contexts of Taiwan's judicial independence and judicial culture that protected and reinforced judges' existing sentencing patterns? How, and why, did the judiciary resist the pressure of judicial reforms toward a harsher punishment regime for IP infringement? This research outlines the legal framework within which the United States imposed pressure on Taiwan to reform its IP laws, evolution of Taiwan's IP laws during the period of intense U.S. pressure, and analysis of statistical data and individual cases with respect to judges' sentencing patterns before and after the establishment of the IPC. Based on these analyses, this research finds: (1) the rise of judicial independence following Taiwan's democratization blunted the impact of judicial reforms in the IP criminal sanctions area; (2) the long-term development of a local judicial culture reinforced the sentencing patterns favoring lenient sentences in the area of criminal IP law; and (3) in spite of the 2008 judicial reforms aiming to raise criminal punishment for IP protection there is no evidence to support the idea that judges changed their existing sentencing patterns and became harsher. In light of these findings, it appears that Taiwan cannot be held up as an example of success for the U.S. anti-piracy policy based on harsher criminal sanctions. In Taiwan, domestic judges' lenient sentences for IP infringements were unchanged by the judicial reforms under the U.S. Special 301 framework because growing judicial independence weakened the impact of the judicial reforms and within the judiciary local judicial culture reinforced the existing sentencing patterns.
Download or read book Asia Pacific Judiciaries written by H. P. Lee and published by Cambridge University Press. This book was released on 2018 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores judicial independence, integrity and impartiality in Asia-Pacific countries.
Download or read book The Taiwan Independence Movement In And Out Power written by Dongtao Qi and published by World Scientific. This book was released on 2016-01-07 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a study of the Democratic Progressive Party (DPP), the Taiwan Independence Movement (TIM) and electoral politics in Taiwan during 2000-2012. It consists of two parts: the first part proposes a movement government framework to understand the fluctuating popular support for the DPP government during 2000-2008 when it was in power, and the second part includes a series of studies on the DPP's quick but limited revival during 2008-2012 when it was out of power. For the DPP in and out of power, its strategic relations with the TIM have either promoted or constrained popular support for the DPP under different circumstances. This book reviews the history of the TIM since 1945, its relations with the DPP since 1986, the DPP's strategies in dealing with the TIM, and explains how these strategies have significantly affected the size and composition of the DPP's support base since 2000 by analyzing rich survey data collected during 1996-2013. Theoretically, this book challenges the traditional dichotomous and overly structuralist understanding of state-movement relations; empirically, it provides both qualitative and quantitative analysis of Taiwan's major political and social events since 2000, such as presidential and legislative elections, and rise of Taiwanese nationalism.
Download or read book The Politics of Judicial Independence in the UK s Changing Constitution written by Graham Gee and published by Cambridge University Press. This book was released on 2015-03-12 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary.
Download or read book The Limits of Judicial Independence written by Tom S. Clark and published by Cambridge University Press. This book was released on 2010-11-22 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the causes and consequences of congressional attacks on the US Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward and judicial decisions.
Download or read book Judicial Independence in East Asia written by Tom Ginsburg and published by . This book was released on 2009 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: This chapter explores the experience of China's East Asian neighbors with regard to judicial independence, with an eye toward drawing lessons for China's own reforms. Japan, Korea and Taiwan collectively provide a useful vantage point to examine developments in China because their rapid growth from the 1950s through the 1990s represents that greatest sustained example of rapid growth in world history. The only comparable period of growth is that of contemporary China, now nearing the end of its third decade. The East Asian cases are also relevant to China because the countries in the region share certain cultural traditions, and because many of them developed their judicial systems during periods of authoritarian governance. Finally, the East Asian cases, like contemporary China, seem to challenge the conventional wisdom that a powerful legal system is necessary for sustained economic development. My argument is that these cases provide nuanced lessons for the Chinese case about the definition of and conditions for judicial independence.
Download or read book The Political Question Doctrine in Taiwan written by David KC Huang and published by GRIN Verlag. This book was released on 2019-11-08 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2012 in the subject Law - Comparative Legal Systems, Comparative Law, grade: Super Distinction, School of Oriental and African Studies, University of London, language: English, abstract: This thesis studies Judicial Yuan Interpretation No.328 [1993] – the first constitutional court decision specifically relating to the use of the political question doctrine in Taiwan. Taiwan’s constitutional court, on the whole, does not refuse to involve itself in political questions, but this case represented an opportunity for the Justices of the Republic of China (Taiwan) to introduce the political question doctrine into Taiwan’s legal system. The Judicial Yuan’s previous and subsequent judicial reviews included cases in which the constitutional court dismissed the authoritarian congress for democratisation or struck down an unconstitutional constitutional amendment. It is therefore doubtful that the Justices would claim to be unable to determine the political question in Judicial Yuan Interpretation No.328 [1993]. The court had by then become too powerful to persuade people that it should address the political question doctrine. The Justices applied the political question doctrine in this case only because they wished to avoid becoming mired in political controversy.
Download or read book Judicial Review in New Democracies written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2003-07-23 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Dispute Resolution in the People s Republic of China written by Zhiqiong June Wang and published by BRILL. This book was released on 2019-12-02 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive and contextual analysis of the various methods of civil dispute resolution in the PRC. The approach to analysis is historical, comparative and socio-legal.
Download or read book The Separation of Powers in the Contemporary Constitution written by Roger Masterman and published by Cambridge University Press. This book was released on 2010-12-02 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this 2010 book, Roger Masterman examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act (1998) and Constitutional Reform Act (2005). Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty, while the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence.
Download or read book Taiwan Who s Who in the Judiciary Vol 2 written by Linda FuChang and published by . This book was released on 2018-07-27 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2018, it can be said that Taiwan's judicial reform has been raging and a year of contending.In order to help promote flexible justice, the first e-book published for the Taiwanese judicial community - Judicial Spring and Autumn - sees the characters, and it is of great significance to publish on the world's largest online platform AMAZON.
Download or read book The Functional Transformation of Courts written by Junrong Ye and published by V&R Unipress. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global expansion of judicial powers makes no exception to Asia. Most noticeable is the judicial expansion in tandem with unprecedented political and legal reforms that have occurred in the two Asian new democracies - Taiwan and South Korea. Having shared a great deal of similarities in colonial legacy, economic development and global competition, both Taiwan and South Korea became good examples of fast-growing economies with successful democratic transitions. In the context of transition, Courts in Taiwan and Korea are expected to independently resolve disputes to place checks and balances with political powers and safeguard individual rights and freedoms. This book looks into court's function in constitutional, regulatory, civil, commercial, and criminal matters by making Taiwan and Korea in comparison.
Download or read book The Constitution of Taiwan written by Jiunn-rong Yeh and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
