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A Core Case for Judicial Review–Protecting Personal Liberty in Taiwan

In: Taiwan and International Human Rights

Author

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  • Frederick Chao-Chun Lin

    (National Taipei University)

Abstract

Taiwan had made huge progress in protecting personal liberty in the last three decades. One of the best ways to demonstrate this significant development is to use this experience to test some prominent academic theories. Coincidentally, Professor Waldron’s most recent attack on judicial review provides a valuable chance to demonstrate Taiwan’s progress. This chapter uses Taiwan’s experience of protecting personal liberty to counter Professor Waldron’s three major criticisms of judicial review. First of all, Taiwan’s experience shows that the text of a constitutional bill of rights does indeed strengthen the protection of rights. Secondly, Taiwan’s case also reveals that it is in the cooperation between the judicial review and the Legislative Yuan that rights are more fully protected. Finally, Taiwan’s lessons from protecting personal liberty prove that Professor Waldron’s definition of the tyranny of the majority may be incomplete or even wrong.

Suggested Citation

  • Frederick Chao-Chun Lin, 2019. "A Core Case for Judicial Review–Protecting Personal Liberty in Taiwan," Economics, Law, and Institutions in Asia Pacific, in: Jerome A. Cohen & William P. Alford & Chang-fa Lo (ed.), Taiwan and International Human Rights, chapter 0, pages 367-381, Springer.
    • Handle: RePEc:spr:eclchp:978-981-13-0350-0_21
    DOI: 10.1007/978-981-13-0350-0_21
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