The Political Question Doctrine in Taiwan

A Critical Analysis of Taiwan’s Judicial Review and Judicial Yuan Interpretation No.328 [1993]


Master's Thesis, 2012
39 Pages, Grade: Super Distinction

Abstract or Introduction

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.

Details

Title
The Political Question Doctrine in Taiwan
Subtitle
A Critical Analysis of Taiwan’s Judicial Review and Judicial Yuan Interpretation No.328 [1993]
College
School of Oriental and African Studies, University of London
Grade
Super Distinction
Author
Year
2012
Pages
39
Catalog Number
V503643
ISBN (eBook)
9783346054159
Language
English
Tags
Judicial Yuan Interpretation No.328, Political Question Doctrine, Cross-Strait Relations, Secession of China, Judicial Review Over Territory, Taiwan, Republic of China
Quote paper
David KC Huang (Author), 2012, The Political Question Doctrine in Taiwan, Munich, GRIN Verlag, https://www.grin.com/document/503643

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