Judicial Supremacy in Taiwan - Huang, David KC
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Doctoral Thesis / Dissertation from the year 2016 in the subject Law - Public Law / Constitutional Law / Basic Rights, grade: N/A, School of Oriental and African Studies, University of London, language: English, abstract: This thesis explores constitutional judicial review in the Republic of China (Taiwan), assessing the expansion of judicial power between 1990 and 1999. The core of this research project focusses on the Council of Grand Justices of the Judicial Yuan, and the ability of these fifteen Justices to impose their collective will upon other branches of government through judicial…mehr

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Produktbeschreibung
Doctoral Thesis / Dissertation from the year 2016 in the subject Law - Public Law / Constitutional Law / Basic Rights, grade: N/A, School of Oriental and African Studies, University of London, language: English, abstract: This thesis explores constitutional judicial review in the Republic of China (Taiwan), assessing the expansion of judicial power between 1990 and 1999. The core of this research project focusses on the Council of Grand Justices of the Judicial Yuan, and the ability of these fifteen Justices to impose their collective will upon other branches of government through judicial decisions that sometimes override executive actions and legislative acts. The power of constitutional judicial review has de jure rested exclusively with the Judicial Yuan under Article 78 of the 1947 Constitution of the Republic of China, and the constitutional text places no limitations on the use of such judicial power. On a de facto basis, however, the power of the Judicial Yuan has varied considerably since 1947, setting an interesting research puzzle and inspiring the research questions of this thesis: What are the shifting limitations of judicial power? When do Justices review with deference and what encourages judicial assertiveness? In engaging with these questions, this thesis reconceptualises and contextualises Taiwan's institutional arrangements for constitutional review through strategic accounts of judicial decision-making and the examination of the role of judicial audiences.
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Autorenporträt
David KC Huang has been a visiting fellow in constitutional law at the O.P. Jindal Global Law School in Delhi, India since 2018. He is a Taiwanese scholar specializing in constitutional law, administrative law, judicial politics and behaviorism, philosophy, sinology and mathematics. He received fundamental legal education in both civil law (Taiwan) and common law (England and Wales) jurisdictions, by which he can compare civil law jurisprudence with that of common law in detail. He also majored in philosophy and can read any classical Chinese literature within the past four millennia without a dictionary. He obtained his Ph.D. degree in constitutional law at SOAS Law School, University of London, with a thesis about Taiwan's judicial supremacy through strategic decision-making in the 1990s.