The Judicialization of Politics in Taiwan

2016 ◽  
Vol 3 (2) ◽  
pp. 299-326 ◽  
Author(s):  
Chien-Chih LIN
Keyword(s):  
Decision Making ◽  
Social Change ◽  
Social Groups ◽  
Judicial Power ◽  
The Political ◽  
Constitutional Court ◽  
Political Uncertainty ◽  
Judicial Supremacy ◽  
Judicialization Of Politics ◽  
The Relationship

AbstractThe 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.

scholarly journals Las preferencias ideológicas y políticas judiciales: un modelo actitudinal sobre el voto en el tribunal constitucional de ecuador

2008 ◽  
Vol 49 ◽  
Author(s):  
Santiago Basabe Serrano
Keyword(s):  
Decision Making ◽  
Linear Regression ◽  
Formal Model ◽  
The Political ◽  
Constitutional Court ◽  
Explanatory Hypothesis ◽  
Political Preferences ◽  
Toma De Decisiones ◽  
America Latina ◽  
Independent Indicator

RESUMEN: El estudio del comportamiento, dinámicas e interacciones de los jueces es un campo de la Ciencia Política que, a pesar de su fertilidad, ha sido analizado residualmente en América Latina. Frente a ello, este trabajo propone un modelo formal sobre el comportamiento de los vocales del Tribunal Constitucional de Ecuador (TC) a través del que se argumenta que las preferencias políticas de los jueces influyen en la dirección que asumen sus votos. Analizado en un amplio período de actividades del TC (1999-2003), y recurriendo a una base de datos de 441 observaciones, el modelo de regresión lineal produce resultados que verifican empíricamente la hipótesis propuesta. Recurriendo a una metodología múltiple, en la que destaca la construcción de un indicador independiente para medir la ubicación ideológica de los jueces, el trabajo concluye sugiriendo criterios a partir de los que se abona el terreno para la posterior exploración, no sólo del voto judicial sino también de las lógicas que conducen los procesos de toma de decisiones en cortes y tribunales de justicia.ABSTRACT: The study of the behavior, dynamic and interactions of the judges, is a field of the Political Science that, in spite of its fertility, has been analyzed residually in Latin America. As opposed to it, this work proposes an formal model of the behavior of the judges of the Constitutional Court of Ecuador (TC) in which is argued that the political preferences of the judges influence in the direction who assume their votes. Tested in an ample period of activities of the  TC (1999-2003), and resorting to a data base of 441 observations, the model of linear regression produces results that verify the propose explanatory hypothesis empirically. Resorting to a multiple methodology, in which it emphasizes the construction of an independent indicator to measure the ideological location of the judges, the work also concludes suggesting criteria from whom the land for the later exploration is paid, not only of the judicial vote but of the logics that the processes of decision making in courts of justice lead.

Judicial Power in a Political World

2012 ◽  
Author(s):  
Justin Crowe
Keyword(s):  
Supreme Court ◽  
Political Rhetoric ◽  
Democratic Politics ◽  
Judicial Power ◽  
The Political ◽  
Institution Building ◽  
Political Arena ◽  
Federal Judiciary ◽  
The Supreme Court ◽  
The Relationship

This concluding chapter synthesizes the book's main findings about the architectonic politics of judicial institution building and contextualizes them within contemporary debates. It also reflects upon the lessons of the more than 200-year historical lineage of the institutional judiciary for our understanding of judicial power in America. More specifically, it considers the place of the federal judiciary in America's past and future in empirical and normative terms, respectively. It argues that both political rhetoric and academic exegesis about the Supreme Court embody a fundamentally incorrect presumption about the judiciary being external to politics, and that such presumption leads to a series of misconceptions about the relationship between judicial power and democratic politics. The chapter offers a conception that not only locates the judicial branch squarely within the political arena but also places substantially greater emphasis on its cooperation rather than conflict with other actors and institutions in that arena.

Documentary Goes Popular

2019 ◽  
pp. 61-102
Author(s):  
Angela J. Aguayo
Keyword(s):  
Social Change ◽  
Decision Makers ◽  
The Political ◽  
Political Structure ◽  
Documentary History ◽  
Creative Force ◽  
The Government ◽  
The Relationship ◽  
Insight Into

While the documentary genre has frequently been conceptualized as a democratic tool with civic potential, the ways popular advocacy documentary functions in the process of social change is unclear. We need more information about the relationship between documentary agitation and collective organizing for social change, as well as about how this function shifts with the visibility of popular attention. Mainstream commercial culture is more than at odds with a commons of democratic exchange. The advocacy film is a time-honored tradition in documentary history, made specifically for the aims of democratic exchange. This type of film is produced for political causes by activists or advocates who are not closely connected with the government or decision makers. Often the director is constructed as a central creative force. Central figures usually function as surrogates for the film in public interviews and engagements; the speakers are often connected to sponsoring organizations. In this chapter, I first address the historical linage of popular documentary and its movement from the vernacular to the popular. Then, I examine the ways popular advocacy documentary in popular form has morphed in recent years, providing insight into the potential of the genre to make contact with the political structure.

An Empirical Study of E-Participation Levels in Jordan

2016 ◽  
Vol 7 (1) ◽  
pp. 63-79 ◽  
Author(s):  
Emad Abu-Shanab ◽  
Raya Al-Dalou'
Keyword(s):  
Decision Making ◽  
Empirical Study ◽  
The Political ◽  
Decision Making Process ◽  
The Core ◽  
Political Dimensions ◽  
The Relationship

The relationship between citizens and governments is the core of e-government. E-participation is one of the political dimensions of e-government which focuses on informing, consulting, involving, collaborating, and empowering citizens to take part of the decision making process. This study adopted a framework for the five levels of e-participation and tried to test such model empirically using 400 responses from Jordanians. The study tried to measure Jordanian perceptions towards e-participation initiatives and practices in Jordan, and to measure the achievements on each level as perceived and reported by subjects. Results indicated that the highest perceived level was e-involving, and the lowest was e-consulting. Also, the CFA results indicated a distorted distribution of items between the major levels. Results of other issues explored are discussed further in this study.

Part III The Relationship Between the Judiciary and the Political Branches, 7 Super-presidentialism in Angola and the Angolan Judiciary

2016 ◽  
Author(s):  
Thomashausen André
Keyword(s):  
Rule Of Law ◽  
The Political ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Constitutional State ◽  
History Of ◽  
The Relationship ◽  
Parliamentary Oversight ◽  
Supply Information

This chapter recounts the history of constitutional developments in Angola leading up to the 2010 constitution. It introduces the new Angolan Constitutional Court and discusses the first and thus far only substantive decision of this Court—the Parliamentary Oversight Judgment of 9 October 2013—a serious constitutional conflict between parliament and the president. The Court held that the 2010 constitution had reduced the powers of parliament as compared to the previous text and that parliament lacked the power to question the executive or to summon ministers to hearings before it. Since these are presidential powers, the Court held, parliament may not arrogate them, though it may request the president to supply information or order his ministers before it. Although the conservative leaning of the Court in this dispute disappointed the opposition and many commentators, the judgment strengthened the rule of law and of the constitutional state.

Balancing and judicial self-empowerment: A case study on the rise of balancing in the jurisprudence of the German Federal Constitutional Court

2015 ◽  
Vol 4 (1) ◽  
pp. 49-80 ◽  
Author(s):  
NIELS PETERSEN
Keyword(s):  
Judicial Power ◽  
Constitutional Court ◽  
Argumentation Framework ◽  
Constitutional Review ◽  
Federal Constitutional ◽  
German Constitutional Court ◽  
The Relationship ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional

AbstractMany critics of the proportionality principle argue that balancing is an instrument of judicial self-empowerment. This contribution argues that the relationship between balancing and judicial power is more complex. Balancing does not necessarily create judicial power, but it presupposes it. This argument is confirmed through a case study of the German Federal Constitutional Court. The analysis shows that the German Constitutional Court was very reluctant to base decisions, in which it overturned legislation, on balancing in the first two and a half decades of its jurisprudence. However, in the late 1970s, once the Court had strengthened its own institutional position, it increasingly relied on balancing when declaring laws as incompatible with the constitution. Then, balancing developed into the predominant argumentation framework of constitutional review that it is today in the Court’s jurisprudence.

Class Struggle and Socialist Construction: The Hungarian Paradox

Slavic Review ◽  
1966 ◽  
Vol 25 (2) ◽  
pp. 303-313 ◽  
Author(s):  
A. J. von Lazar
Keyword(s):  
Social Change ◽  
Communist Party ◽  
Social Transformation ◽  
Political System ◽  
Class Struggle ◽  
Industrial Society ◽  
The Political ◽  
Social Forces ◽  
The Social ◽  
The Relationship

This article examines the relationship between the semantics of ideology and political practice under the pressure of socio-economic change in Hungary of the early 1960s, especially 1962-63. The events of 1956 forced the Communist Party elite to recognize the imperative need for internal social change and for control over its dynamics. Manipulation of social forces and ideological currents became a day-to-day concern as soon as it was realized that the political system must rely to an increasing extent upon the introduction of policies which induced support for the system itself—a need undoubtedly arising out of the social transformation that accompanies a developing and modernizing industrial society.

The Judiciary and the Role of Law

2009 ◽  
Author(s):  
Mathew D. McCubbins ◽  
Daniel B. Rodriguez
Keyword(s):  
Decision Making ◽  
Political Theory ◽  
Separation Of Powers ◽  
Judicial Independence ◽  
The Political ◽  
Legal Decision ◽  
Dynamic Relationship ◽  
Legal Decision Making ◽  
The Relationship

This article discusses the judiciary and the role of law. It talks about the implications of the approach for issues in statutory interpretation, and then examines the relationship between the legal and political controls of bureaucracy. The last section in the article focuses on the implications for judicial independence within the larger separation-of-powers system. The emerging literature on Positive Political Theory (PPT) further stresses the political nature of legal decision-making and the dynamic relationship among the legislative, judicial, and executive branches.

The Burden of Freedom

Worldview ◽  
1965 ◽  
Vol 8 (7-8) ◽  
pp. 4-6
Author(s):  
Quentin L. Quade
Keyword(s):  
Social Groups ◽  
The Political ◽  
Decision Making Process ◽  
Free Society ◽  
International Affairs ◽  
Policy Issues ◽  
Analysis And Evaluation ◽  
Ethics Policy ◽  
The Individual ◽  
The Relationship

It is the continuing concern of worldview and its sponsoring organization, The Council on Religion and International Affairs, to probe the relationship among religion, ethics and foreign policy. Most of this concern seems to be directed toward analysis and evaluation of substantive policy issues, which are, of course, vitally important. But it may be equally important to investigate the process of religion-ethics- policy interaction, This essay examines one aspect of that process: how ethical consciousness can pervade the decision-making process. This problem will be approached by looking at three interrelated questions: a) what are the political responsibilities which flow to the individual in the free society? b) what is the character of those responsibilities? c) how can we best fulfill those responsibilities?We are inclined to define the free society as one which provides a free condition for individuals and social groups.

Perilaku Politik Towani Tolotang di Amparita Kabupaten Sidenreng Rappang

2018 ◽  
Vol 3 (2) ◽  
pp. 184
Author(s):  
Alfiansyah Alfiansyah
Keyword(s):  
Decision Making ◽  
Political Behavior ◽  
Belief System ◽  
The Political ◽  
Political Aspect ◽  
Political Activities ◽  
Descriptive Research ◽  
The Relationship ◽  
Community Decision

This article aims to explain how the political behavior of Towani Tolotang in Amparita of Sidrap Regency in political activities, and how the relationship between Towani Tolotang's political behavior with their belief system. The method used in this research is descriptive research design using qualitative approach. The findings of this study illustrate that the existence of practical political activities in the Tolotang community changed their political behavior and had different views in terms of determining their political choice, The role of Uwa is very influential in the political decision making in Tolotang community, Decision-making also based on the region- certain areas in the Tolotang area based on their respective territories, In essence their decisions are different because of the customary attachment of their leader, Uwa in this case which determines the choice in the Amparita territories, as well as the involvement of Towani Tolotang community in political aspect of one of their efforts in maintaining the customs and beliefs that their ancestors inherited.

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