The Birth and Rebirth of the Judicial Review
in Taiwan-Its Establishment, Empowerment,
and Evolvement
Chien-Chih Lin
ABSTRACT
This paper first briefly introduces several major models that explain the
emergence of judicial review in an attempt to find one that best elucidates the
situation in Taiwan. Yet, owing to its particular political history, no single model can
fully explain the development of judicial review in Taiwan. Rather, different models
may be used to account for different stages. During the foundational stage, the
Court was subservient to the authoritarian regime. During its transition stage, the
Court regained authority and began to function like a court that insurance theory
presupposes. Owing to the changeable political environment and the lack of an
unchallengeable authority, the need for a fair and apolitical arbitrator increased, a
fact which explains the increase in judicial power. Besides, political manipulation,
the Court also expanded its power actively and cautiously, even when society was
highly divided after 2000. In new democracies, the tendency of judicialization has
provided the Court with more opportunities to intervene in political decision-making
processes. Nonetheless, this may spawn unintended political conflict that threatens
to damage the integrity and authority of the judiciary.
Keywords: Taiwanese Constitutional Court, Judicial Review, Constitutional
Interpretation, Insurance Theory, Hegemonic Preservation
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