The Judicialization of Politics in Taiwan

Bibliographic Data

ID4960561
AuthorsChien-Chih Lin (0000-0003-2427-7445)
Year2016
Volume3
Issue2
Pages299-326
Publication date2016-11-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueAsian Journal of Law and Society (JOURNAL)
Journal identifiersISSN: 2052-9015 • E-ISSN: 2052-9023
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/als.2016.10
OpenAlexW2467623793
LanguageEN
References cited39

The judicialization of politics in Taiwan is particularly evident in three domains: the expansion of judicial power, a shift in political equilibrium, and litigation for social change. Yet it is not altogether clear why politicians and social groups are willing to transfer decision-making powers from the political branches to the judiciary, particularly the Constitutional Court. This paper endeavours to fill this academic lacuna by suggesting that the judicialization of politics occurs in Taiwan because both politicians and citizens choose the judiciary as another agent to implement their preferred policies. Nevertheless, Taiwan does not become a juristocracy and, indeed, the pace of the judicialization has slowed down since the second party turnover. The development of the judicialization of politics in Taiwan may shed new light on many old topics, such as judicial supremacy and the relationship between judicial power and political uncertainty

Law and economics · Pace · Political economy · Political science · Politics · Power (physics · Sociology · Commonwealth, Australian Politics and Federalism · Criminal Law and Evidence · Judicial and Constitutional Studies · Law

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