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The Political Question Doctrine in Taiwan

The Political Question Doctrine in Taiwan PDF Author: David KC Huang
Publisher: GRIN Verlag
ISBN: 3346054152
Category : Law
Languages : en
Pages : 39

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Book Description
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.

The Political Question Doctrine in Taiwan

The Political Question Doctrine in Taiwan PDF Author: David KC Huang
Publisher: GRIN Verlag
ISBN: 3346054152
Category : Law
Languages : en
Pages : 39

View

Book Description
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.

The One-China Policy: State, Sovereignty, and Taiwan’s International Legal Status

The One-China Policy: State, Sovereignty, and Taiwan’s International Legal Status PDF Author: Frank Chiang
Publisher: Elsevier
ISBN: 0081023154
Category : Law
Languages : en
Pages : 388

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Book Description
The One-China Policy: State, Sovereignty, and Taiwan’s International Legal Status examines the issue from the perspective of international law, also suggesting a peaceful solution. The book presents two related parts, with the first detailing the concept of the State, the theory of sovereignty, and their relations with international law. The second part of the work analyzes the political status of the Republic of China in Taiwan and the legal status of the island of Taiwan in international law. Written by a leading international expert in international law, this book provides approaches and answers to the question of Taiwan and the One-China policy. Responds to a key international issue of our time Takes a legal perspective on Taiwan and the One-China policy Considers the definition of a nation State from first principles, also offering new definitions Applies international law on territory to draw conclusions on Taiwan and its relation to the People’s Republic of China Systematically critiques the role of the UN and other global actors in relation to Taiwan

Legal Thoughts between the East and the West in the Multilevel Legal Order

Legal Thoughts between the East and the West in the Multilevel Legal Order PDF Author: Chang-fa Lo
Publisher: Springer
ISBN: 9811019959
Category : Law
Languages : en
Pages : 610

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Book Description
This book focuses on the interaction and mutual influences between the East and the West in terms of their legal systems and practices. In this regard, it highlights Professor Herbert H.P. Ma’s achievements and his efforts to bring Eastern and Western legal concepts and systems closer together. The book shows that, while there have been convergences between different legal regimes in many fields of law, diverse legal practices and approaches rooted in differing cultural, social, political and philosophical backgrounds do remain, and that these differences are not necessarily negative elements in the contemporary legal order. By examining different levels of the legal order, including domestic, regional and multilateral, it goes on to argue that identifying these diversities and addressing the interactions and mutual influences between different regimes is a worthwhile undertaking, not only in terms of mutual enrichment, but also with regard to intensifying the degree of desirable coordination between different legal systems. All chapters were written by leading experts, practitioners and scholars from different jurisdictions with expertise in various fields of law and different levels of the legal order, and discuss a number of issues with particular focus on either “one-way” or mutual influences between the Eastern and the Western legal systems, practices and philosophies.

Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 28 (2010)

Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 28 (2010) PDF Author:
Publisher: BRILL
ISBN: 9004425012
Category : Law
Languages : en
Pages :

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Book Description
The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to Asia-Pacific and the Republic of China on Taiwan.

WTO and the Greater China

WTO and the Greater China PDF Author: Chien-Huei Wu
Publisher: Martinus Nijhoff Publishers
ISBN: 9004208984
Category : Business & Economics
Languages : en
Pages : 308

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Book Description
Focusing on the impact of WTO disciplines, this book explores the WTO’s contribution to domestic reform, economic integration and dispute settlement of China, Taiwan, Hong Kong and Macau: the four WTO Members in Greater China.

Global Encounters

Global Encounters PDF Author: Paoi Hwang 編
Publisher: 國立臺灣大學出版中心
ISBN: 9860354138
Category : Social Science
Languages : en
Pages : 234

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Book Description
Taiwan’s status as an island surrounded by powerful nation states has forced upon it a history of permeable borders and an ever fluctuating cultural subjectivity. Originally inhabited by Austronesian tribal peoples, the island has over the centuries fallen under the political, economic, and cultural influences of the Spanish, Dutch, Japanese, and Chinese occupiers. Globalization has further transformed and complicated Taiwan’s vistas of political reforms, cultural productions, and ethnic re-composition. Such gradual but radical transformation has, in countless ways, encouraged the nation-state identity and identification to vacillate between insularism and globalization. This collection is an example of the multitude of voices that speak for Taiwan. These selected essays, contributed by scholars from different countries (Canada, Hong Kong, Singapore, Taiwan, UK, and USA), engage with the debates on Taiwan’s identity and nationhood while also attempting to step beyond the nationalistic frame. Whereas the openness to new ideas may alter our perspectives, this collection reminds us to embrace external influences without forgetting to celebrate our unbroken, unique historical legacy.

Democracy and Rule of Law in China's Shadow

Democracy and Rule of Law in China's Shadow PDF Author: Brian Christopher Jones
Publisher: Bloomsbury Publishing
ISBN: 1509933980
Category : Law
Languages : en
Pages : 320

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Book Description
This book provides detailed insight into some of the most contentious events occurring in jurisdictions operating within China's vast shadow. Epic clashes between law and politics have become a regular fixture throughout the world, and no region has seen more of these than Asia. In some cases these conflicts have involved newfound democratic aspirations or democratic deepening, while in others it has arisen because of pushback against authoritarian or semi-authoritarian governments. Indeed, many of these clashes centre on or involve the region's most powerful and controversial player: China. This book focuses on several of these critical struggles, examining how democracy and the rule of law play out in a number of jurisdictions highly influenced by China's presence. Chapters provide insightful analysis on issues such as: major threats to the rule of law and attempts to uphold the principle, oath-taking controversies, foreign judges and the disparagement of the judiciary, unconstitutional and undemocratic provisions, changing ideas of representation, a right to democracy in international law, same-sex marriage rights, and the legal responses to civil disobedience in Taiwan and Hong Kong, among other topics. Ultimately, the book delivers a contemporary understanding of how democracy and the rule of law both complement and converge in this fascinating region.

The U.S.-Taiwan-China Relationship in International Law and Policy

The U.S.-Taiwan-China Relationship in International Law and Policy PDF Author: Lung-Chu Chen
Publisher: Oxford University Press
ISBN: 0190601124
Category : Taiwan
Languages : en
Pages : 440

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Book Description
For a country of its size, Taiwan has a tremendous influence on world affairs and U.S. policy. The U.S.-Taiwan-China Relationship in International Law and Policy describes the central issues animating the dynamic U.S.-Taiwan-China relationship and the salient international and domestic legal issues shaping U.S. policy in the Asia Pacific region. In this book, Lung-chu Chen gives particular attention to Taiwan's status under international law, and the role of the U.S. Taiwan Relations Act (TRA) in the formulation and execution of U.S. policy toward Taiwan. This book endorses the central purpose of the Taiwan Relations Act--achieving a peaceful resolution to the Taiwan question--while offering policy alternatives that will empower Taiwan to participate more actively in the international arena. This book follows in the tradition of the New Haven School of international law. As such, it defines the common interests of the world community, which include demands for human dignity and security and the protection of human rights in accordance with bedrock norms such as the right to self-determination and the peaceful resolution of conflict. Chen proposes that in accordance with international law, historical trends, and contemporary political conditions, the people of Taiwan should ultimately determine a path to normalized statehood through a plebiscite under the supervision of the international community.

The Political Question Doctrine and the Supreme Court of the United States

The Political Question Doctrine and the Supreme Court of the United States PDF Author: Nada Mourtada-Sabbah
Publisher: Lexington Books
ISBN: 9780739112830
Category : Political Science
Languages : en
Pages : 273

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Book Description
Historically, the political question doctrine has held the courts from resolving constitutional issues that are better left to other departments of government, as a way of maintaining the system of checks and balances. However, this book discusses the gradual changes in the parameters of the doctrine, including its current position dealing with increasingly extraterritorial concerns.

An Introduction to Contemporary International Law

An Introduction to Contemporary International Law PDF Author: Lung-chu Chen
Publisher: Oxford University Press, USA
ISBN: 0190227990
Category : Law
Languages : en
Pages : 641

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Book Description
An Introduction to Contemporary International Law: A Policy-Oriented Perspective introduces the reader to all major aspects of contemporary international law. It applies the highly acclaimed approach developed by the New Haven School of International Law, holding international law as an ongoing process of authoritative decision-making through which the members of the world community identify, clarify, and secure their common interests. Unlike conventional works in international law, this book is organized and structured in terms of the process of decision making in the international arena, and references both classic historical examples and contemporary events to illustrate international legal processes and principles. Using contemporary examples, this Third Edition builds on the previous editions by contextualizing and dramatizing recent events with reference to seven features that characterize the New Haven School approach to international law: participants, perspectives, arenas of decision, bases of power, strategies, outcomes, and effects. This new edition highlights cutting-edge ideas in international law, including the right to self-determination, the evolution of Taiwan statehood, the expanding scope of international concern and the duty of states to protect human rights, the trend towards greater accountability for states and individual decision-makers under international law, and the vital role individual responsibility plays in the emerging field of international criminal law. It offers a new generation the intellectual tools needed to act as responsible citizens in a world community seeking human dignity and human security for all people.