The Rise of Technocracy and the Covid-19 Pandemic in Taiwan

Courts, Human Rights, and the Protection of Vulnerable Populations

Bibliographic Data

ID21971350
AuthorsTsung-Ling Lee (0000-0002-8935-0247, Taipei Medical University, corresponding author)
Year2021
Volume22
Issue6
Pages1115-1132
Publication date2021-09-01
Open AccessYes
TypeARTICLE
VenueGerman Law Journal (JOURNAL)
Journal identifiersISSN: 2071-8322 • E-ISSN: 2071-8322
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/glj.2021.49
OpenAlexW3200793463
LanguageEN
Citations received8
References cited1

Driven by the need to address the immediate public health threats of the COVID-19 pandemic, this has seen a rise of the technocratic mode of governance around the world. A technocratic approach is evidence-based and relies upon the guidance of experts to respond to the public health crisis. The rise of technocracy reflects a utilitarian calculus that seeks to preserve the greater good. Taiwan’s pandemic response exemplifies the strengths and weaknesses of this type of governance. Based on an analysis of the relevant case law of the Taiwan Constitutional Court, legislation, and political developments this Article takes a legal-historical look and traces the current technocratic approach—defined for this Article as an experts-driven and procedural-driven process—which is a hallmark of Taiwan’s pandemic response. Examining Taiwan’s pandemic response through a human rights lens sheds light on a more complex relationship between the collective right to health and life, and the individual rights to health, work, privacy, and liberty during the pandemic

Business · Corporate governance · Human rights · Law and economics · Legislation · Pandemic · Political science · Politics · Public health · Sociology · Technocracy · COVID-19 Digital Contact Tracing · Global Security and Public Health · Law · Legal case studies and regulations · Medicine · Public Administration

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