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    LIN, Chien-Chih 2016. The Judicialization of Politics in Taiwan. Asian Journal of Law and Society, Vol. 3, Issue. 02, p. 299.

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  • Print publication year: 2011
  • Online publication date: June 2011

3 - Taiwan

Summary

Introduction

Taiwan is also known as the Republic of China (ROC), which was established in 1911 when the Ching Dynasty was overturned by the revolutionary party led by Dr Sun Yat-sen. It was the first democratic republic in Asia.

Before long, after the establishment of the Republic, the Chinese Civil War broke out in the late 1920s between the government represented by the Nationalist Party (Kuomintang or KMT) and the communists. Although the civil war was interrupted by the Sino-Japanese War which was later to become part of World War II, it was resumed after Japan was defeated. In 1949 the Communist Party led by Mao Zedong won the Civil War against the Nationalist Government represented by Chiang Kai Shek and established the People's Republic of China (PRC). The Nationalist Government had to move across the Taiwan Strait to the island of Taiwan. Thus since 1949, the jurisdiction of the ROC extends only to the main island of Taiwan and the smaller islands of Penghu, Kinmen and Matsu, as well as quite a number of other very small islands. The total number of these islands is 76. Because of the ROC's current geographical location and jurisdictional reach, the term Taiwan is more frequently used to refer to it.

Taiwan has a population of 23 million living in a relatively small area of approximately 36,000 square kilometres.

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Law and Legal Institutions of Asia
  • Online ISBN: 9780511921131
  • Book DOI: https://doi.org/10.1017/CBO9780511921131
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References
Articles/Books/Reports
Chang, W, ‘The Role of Judicial Review in Consolidating Democracy: The Case of Taiwan’, Asia Law Review, vol. 2, no. 2, 2005
Chiou, L, Cheng Xu Li Yi Bao Hu Lun [Theory of Procedural Right Protection], Kao-Hsiung Fuwen Publishing Co, Ltd, 2005
Huang, J, Ji Chu Xing Fa Xue [Fundamental Criminal Code], vols. 1 and 2, 2nd ed, Angle Publishing Co, Ltd, 2004
Lee, H, Xian Fa Yao Yi [Essence of the Constitution], Angle Publishing Co, Ltd, 2004
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Lo, C, Zheng Fu Cai Guo Fa Yu Zheng Fu Cai Guo Xie Ding Lun Xi [Government Procurement Act and Government Procurement Agreement], 2nd ed, Angle Publishing Co, Ltd, 2004
Lo, C, The Legal Culture and System of Taiwan, Kluwer Law International, The Netherlands, 2006
Ma, H H (ed), Trade and Investment in Taiwan: The Legal and Economic Environment in the Republic of China, 2nd ed, Institute of American Culture (now Institute of European and American Studies), Academia Sinica, 1985
Wang, J, Xing Shi Su Song Jiang Yi [Principle of Code of Criminal Procedure], Angle Publishing Co, Ltd, 2005
Wang, Tay-sheng, Legal Reform in Taiwan under Japanese Colonial Rule (1895–1945): The Reception of Western Law, University of Washington Press, 2000
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Wang, Tay-sheng, Tai Wuan Fa Lu Shi Gai Lun [Introduction to Taiwanese Legal History], 2nd ed, Angle Publishing Co, Ltd, 2004
Wang, Tay-sheng (Cooney, S trans), ‘The Impact of Modern Western Law on the Chinese in Taiwan’, Australian Journal of Asian Law, vol. 1, no. 2, 1999, p. 194
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Weng, Y, Liang Qian Xing Zheng Fa [Administration Law], vols. 1 and 2, HanluPublishing Co, Ltd, 2000
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Yeh, J, Democracy-Driven Transformation to Regulatory State: The Case of Taiwan, National Taiwan University Law Review, vol. 3, no. 2, 2008
Yeh, J and Chang, W, ‘The Changing Landscape of Modern Constitutionalism: Transitional Perspective’, National Taiwan University Law Review, vol. 4. no. 1, 2009
Cases
Judicial, Yuan
JY Interpretation No. 137, 14 December 1973
JY Interpretation No. 216, 19 June 1987
JY Interpretation No. 313, 2 February 1993
JY Interpretation No. 329, 24 December 1993
JY Interpretation No. 342, 8 April 1994
JY Interpretation No. 371, 20 January 1995
JY Interpretation No. 477, 12 February 1999
JY Interpretation No. 499, 24 March 2000
JY Interpretation No. 530, 5 October 2001
JY Interpretation No. 539, 8 February 2002
Web materials
Control Yuan <http://www.cy.gov.tw/eng/index.asp>
Examination Yuan <http://www.exam.gov.tw/mp.asp?mp=5>
Executive Yuan <http://www.ey.gov.tw/mp.asp?mp=11>
Government Information Office, Republic of China (Constitution) <http://www.gio.gov.tw/info/news/constitution.htm>
Government Information Office, Republic of China (Constitution, additional articles) <http://www.gio.gov.tw/info/news/additional.htm>
Intellectual Property Court <http://ipc.judicial.gov.tw/en/>
Judicial Reform Foundation <http://www.jrf.org.tw/newjrf/RTE/myform_detail.asp?id=1033>
Judicial Yuan <http://www.judicial.gov.tw/en/>
Justices of the Constitutional Court, Judicial Yuan <http://www.judicial.gov.tw/constitutionalcourt/EN/p03.asp>
Legislative Yuan <http://www.ly.gov.tw/ly/en/index.jsp>
National Assembly <http://www.na.gov.tw/index.jsp>