Advocating Democracy: The Role of Lawyers in Taiwan's Political Transformation

1995 ◽  
Vol 20 (02) ◽  
pp. 561-599 ◽  
Author(s):  
Jane Kaufman Winn ◽  
Tang-chi Yeh
Keyword(s):  
Legal System ◽  
Legal Profession ◽  
The Political ◽  
Political Transformation ◽  
Authoritarian Rule ◽  
Martial Law ◽  
Republic Of China ◽  
Democratic Rule ◽  
The Republic

Litigation has not been a significant strategy in Taiwan for challenging injustice due to the use of the Civil Law tradition as a model for the Republic of China legal system and the diminished autonomy of the ROC legal profession and legal system under martial law and authoritarian rule. Individual lawyers, however, were among the leading proponents of reform during Taiwan's recent transition to democratic rule. Furthermore, one of the significant liberalizing reforms ushered in by the democratic transition has been the reform of the ROC legal profession. We examine the contribution of some lawyers to democratization and consider what role the reconstituted ROC legal profession may play in the political economy of Taiwan in the future.

DEMOCRACY AT THE SERVICE OF FOREIGN POLICY OF THE REPUBLIC OF SOUTH AFRICA

2019 ◽  
Author(s):  
A. FREDDIE
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Foreign Policy ◽  
Transition To Democracy ◽  
The Political ◽  
Political Activities ◽  
Foreign Policy Change ◽  
The Republic ◽  
Apartheid Regime

The article examines the place and role of democracy and human rights in South Africas foreign policy. The author analyzes the process of South Africas foreign policy change after the fall of the apartheid regime and transition to democracy. He gives characteristics of the foreign policy under different presidents of South Africa from 1994 to 2018 and analyzes the political activities of South Africa in the area of peacekeeping and human rights on the African continent.

An Analysis of Political Rights Situation during Musharraf Regime (1999-2004)

2017 ◽  
Vol 1 (1) ◽  
pp. 20-31
Author(s):  
Manzoor Naazer ◽  
Amna Mahmood ◽  
Shughla Ashfaq
Keyword(s):  
Legal Framework ◽  
The Political ◽  
Political Rights ◽  
Meaningful Change ◽  
Freedom Of Association ◽  
Political Leaders ◽  
Authoritarian Rule ◽  
Political Activities ◽  
Democratic Rule ◽  
The Government

The paper scrutinizes the political rights situation during the first five years (1999-2004) of Pervaiz Musharraf era. Musharraf had come into power after army had revolted over his dismissal as army chief by the prime minister. He strove to project soft image of his government to get legitimacy within the country and recognition from the outside world, particularly the West. He portrayed himself as a liberal leader and later also propagated his idea of “enlightened moderation” as a panacea for the miseries of the Muslim world. Despite his overtures, the political rights situation became bleak during his military rule and no meaningful change took place even during the first two years after country returned to “democratic rule.” Musharraf government denied people of their political rights to prolong his authoritarian rule. His rule was characterized by: arbitrary arrests and imprisonments of political leaders; repression of political activities; imposition of forced exile; political victimization in the name of accountability; attacks on rights to elect the government; military’s direct grip over affairs of state despite transition to the civilian rule; intimidation of opposition over legal framework order; and limitations on freedom of association.

scholarly journals Imunitas Hukum Bagi Notaris Yang Membuka Rahasia Jabatan

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 25
Author(s):  
Rita Permanasari ◽  
Akhmad Khisni
Keyword(s):  
Law Enforcement ◽  
Supervisory Board ◽  
Legal Protection ◽  
The Political ◽  
Constitutional Court ◽  
The Law ◽  
Notary Public ◽  
The Republic ◽  
Law Regulation

ABSTRAKKetentuan Pasal 4 dan Pasal 16 ayat (1) huruf f Undang-Undang Jabatan Notaris mewajibkan notaris untuk menjaga kerahasiaan segala sesuatu mengenai akta yang dibuatnya dan segala keterangan yang diperoleh guna pembuatan akta sesuai dengan sumpah janji jabatan kecuali undang-undang menentukan lain. Kemungkinan terhadap pelanggaran kewajiban tersebut berdasarkan Pasal 16 ayat (11) Undang-Undang Jabatan Notaris, seorang notaris dapat dikenai sanksi berupa teguran lisan sampai dengan pemberhentian dengan tidak hormat. Terlebih lagi dengan adanya putusan Mahkamah Konstitusi Republik Indonesia dengan Nomor: 49/PUU–X/2012 memutuskan telah meniadakan atau mengakhiri kewenangan Majelis Pengawas Daerah (MPD) yang tercantum dalam Pasal 66 ayat (1) UUJN membuat notaris seakan-akan tidak ada perlindungan hukum bagi notaris dalam menjalankan tugas jabatannya. Ikatan Notaris Indonesia (INI) harus berusaha menjalankan peranan pembinaan dan perlindungan meningkatkan pengetahuan, kemampuan dan keterampilan para notaris. Demikian juga menjalin hubungan dengan para penegak hukum lainnya, agar penegak hukum lainnya yang ada hubungan dengan notaris dapat memahami kedudukan notaris sesuai UUJN.Berangkat dari pemikiran inilah kewajiban ingkar notaris masih tetap dipertahankan oleh pembuat undang-undang dalam revisi Undang-Undang Jabatan Notaris Tahun 2014 yang merupakan konfigurasi kekuatan perlindungan terhadap profesi dan jabatan notaris dari sisi politik.Kata Kunci : Jabatan Notaris, Hak Ingkar, Perlindungan Hukum.ABSTRACTThe provisions of Article 4 and Article 16 paragraph (1) sub-paragraph f of the Notary's Office Law require a notary to maintain the confidentiality of all matters concerning the deeds it has made and all the information obtained for the deed in accordance with the oath of pledge of office except the law otherwise. The possibility of breach of such obligation under Article 16 paragraph (11) of Notary Law Regulation, a notary public may be subject to sanctions in the form of oral reprimands until dismissal with disrespect. Moreover, with the decision of the Constitutional Court of the Republic of Indonesia with the number : 49 /PUU-X/2012 deciding to have canceled or terminated the authority of the Regional Supervisory Board (MPD) listed in Article 66 paragraph (1) UUJN made a notary as if there was no legal protection for a notary in performing duties. The Indonesian Notary Bond (INI) should endeavor to undertake the role of guidance and protection to increase the knowledge, abilities and skills of the notaries. Likewise establish relationships with other law enforcers, so that other law enforcement who has relationship with the notary can understand the position of notary under the UUJN.Departing from this thought the obligation of notarization is still maintained by the lawmakers in the revision of the Law Regulation of Position Notary on Year 2014 which is the configuration of the strength of the protection of the profession and the notary's position from the political side.Keyword : Position of Notary, Right of Remedy, Legal Protection.

scholarly journals Ruch Nowego Życia w Chinach, 1934–1948

2021 ◽  
Vol 43 (3) ◽  
pp. 515-525
Author(s):  
Andrzej Demiańczuk
Keyword(s):  
Daily Life ◽  
Main Task ◽  
National Party ◽  
Authoritarian Rule ◽  
Republic Of China ◽  
History Of ◽  
The Republic ◽  
Post War ◽  
Sense Of Shame ◽  
Life Movement

In recent decades, there was a notable surge of interest in the history of the Republic of China (1912–1949). New Life Movement (Xin shenghuo yundong) was one of the most important en-deavours undertaken during the so-called Nanjing Decade (1927–1937) — a period of authoritarian rule of Guomindang (National Party), after the triumph of the Northern Expedition and before the outbreak of the Second Sino-Japanese War. Inaugurated in 1934, this movement sought to revive Confucian virtues and create better society through the promotion of proper behaviour (especially etiquette and hygiene). Virtues, whose realisation in daily life was stated as the goal of the Move-ment, were li — propriety, yi — right action, lian — integrity, and chi — a sense of shame. Later, these goals were expanded to include promotion of militarisation (junshihua), aesthetic uplifting (yishuhua), and improving the production (shengchanhua) in peopleʼs lifestyles. Although the New Life Movement was initiated by Chiang Kai-shek on 19 February 1934 in Nanchang, in many respects it was a continuation of previous policies. To realise the New Life Movement, the Society for the Promotion of the New Life Movement (Xin shenghuo yundong cujin hui) was founded in 1934. Members of different factions in Guomindang participated in its activities. After the first two years, the New Life Movement disappeared from the spotlight, but remained active at least until 1948. During the war, the main task of the movement was participation in war efforts and, after the conflict ended, in post-war recovery. In the end, the New Life Movement failed in realisation of its stated goals. Nevertheless, it seems that its activities were still beneficial for Guomindang’s government. This article presents an outline of history and origins of the New Life Movement, as well as describe its goals and methods. In the end, there will be an evaluation of this important and controversial movement and its place in the history of Guomindang and China.

When Peace Kills Politics

2021 ◽  
Author(s):  
Sharath Srinivasan
Keyword(s):  
Civil Wars ◽  
Political Action ◽  
The Political ◽  
Political Transformation ◽  
Peace Agreement ◽  
Original Contribution ◽  
Close Range ◽  
Civil Politics ◽  
Political Realm

When Peace Kills Politics explains the role of international peacemaking in reproducing violence and political authoritarianism in Sudan and South Sudan in recent decades. Srinivasan explains how Sudan’s landmark north–south peace process that achieved the 2005 Comprehensive Peace Agreement fueled war in Darfur, the Nuba Mountains and the Blue Nile alongside how it contributed to Sudan’s failed political transformation and newly independent South Sudan’s rapid descent into civil war. Concluding with the conspicuous absence of ‘peace’ when non-violent revolutionary political change came to Sudan in 2019, Srinivasan examines at close range why outsiders’ peace projects may displace civil politics and raise the political currency of violence. With an original contribution to theorizing peace and peacemaking drawing upon the political thought of Hannah Arendt, the book is an analysis of the tragic shortcomings of attempting to build a non-violent political realm through neat designs and tools of compulsion, where the end goal of peace becomes caught up in idealized constitutional texts, technocratic templates and deals on sharing spoils. When Peace Kills Politics demands a radical rethinking of the project of peace in civil wars, grounded in a more earnest commitment to civil political action.

Commemorating Martial Law as Treason

2021 ◽  
pp. 088832542110498
Author(s):  
Ela Rossmiller
Keyword(s):  
Transitional Justice ◽  
Discourse Theory ◽  
Political Polarization ◽  
The Political ◽  
Political Transformation ◽  
Ruling Elite ◽  
Martial Law ◽  
Politics Of Memory ◽  
State Institutions ◽  
Official Discourse

How and why have Polish state institutions constructed an official public memory of martial law (1981–1983) despite plural interpretations and growing apathy and amnesia in the broader society? Between 1992 and 2018, parliament passed eight commemorative resolutions endorsing a single interpretation of martial law as treason. This political consensus is surprising given not only the lack of social consensus but also the political polarization that existed between and among post-communist and post-Solidarity parties. Drawing on LaClau and Mouffe’s discourse theory as well as Brian Grodsky’s theory of transitional justice measures as political goods, this article analyzes the official discourse of martial law as articulated in commemorative resolutions, transcripts of parliamentary deliberations, parliamentary journals, court rulings, and reports of committees, subcommittees, special commissions, and governmental offices. It considers how this discourse has been deployed to legitimate the ruling elite, attack political rivals, and justify controversial initiatives, policies, and reforms. It contributes to the literature on the politics of memory during times of political transformation by examining a case of surprising stability despite factors that would seem to favor change over time.

The Landscape of Historical Memory

2021 ◽  
Author(s):  
Kirk A. Denton
Keyword(s):  
Architectural Design ◽  
Historical Memory ◽  
Democratic Progressive Party ◽  
Martial Law ◽  
History And Memory ◽  
Republic Of China ◽  
The Past ◽  
Culture History ◽  
Economic Climate

The Landscape of Historical Memory explores the place of museums and memorial culture in the contestation over historical memory in post–martial law Taiwan. The book is particularly oriented toward the role of politics—especially political parties—in the establishment, administration, architectural design, and historical narratives of museums. It is framed around the wrangling between the “blue camp” (the Nationalist Party, or KMT, and its supporters) and the “green camp” (Democratic Progressive Party, DPP), and its supporters) over what facets of the past should be remembered and how they should be displayed in museums. Organized into chapters focused on particular types of museums and memorial spaces (archaeology museums, history museums, martyrs’ shrines, war museums, memorial halls, literature museums, ethnology museums, ecomuseums, etc.), the book presents a broad overview of the state of museums in Taiwan in the past three decades. The case of Taiwan museums tells us much about Cold War politics and its legacy in East Asia; the role of culture, history, and memory in shaping identities in the multiply “postcolonial” landscape of Taiwan; the politics of historical memory in an emergent democracy, especially in counterpoint to the politics of museums in the People’s Republic of China, which continues to be an authoritarian single party state; and the place of museums in a neoliberal economic climate.

The Role of North Korea in China’s Civil War: The Soviet-led North Korean Assistance to the CPC in the Northeast Theater, 1946-1948

2020 ◽  
Vol 9 (1) ◽  
pp. 65-97
Author(s):  
Tomer Nisimov
Keyword(s):  
Civil War ◽  
Communist Party ◽  
North Korea ◽  
Communist Party Of China ◽  
Republic Of China ◽  
Foreign Intervention ◽  
The Republic Of China ◽  
The Republic ◽  
Political Economic

Abstract Previous studies of China’s civil war have concentrated on different aspects and causes leading to the Communist victory and focused on political, economic, and military explanations. Few studies, however, have examined the features of foreign intervention and assistance to the Communist Party of China and their contribution to the latter’s success. Sino-Soviet relations and cooperation during the war have received the attention of several studies, but the role of North Korea in the war has remained obscure. As information regarding North Korea’s actions during China’s civil war remains largely inaccessible, few studies have debated the question of whether North Korea had ever deployed its forces in China’s Northeast in order to assist their Chinese comrades. Relying on military and intelligence documents from the Republic of China, this article shows how by the time of the Soviet withdrawal from China’s Northeast, the USSR had become resolute about turning North Korea into a militarized state in order to protect its own interests in the region and assist the Chinese Communists.

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