Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2010

Comparative Law

Wen-Chen Chang

Articles 1 - 2 of 2

Full-Text Articles in Law

The Emergence Of East Asia Constitutionalism: Features In Comparison, Wen-Chen Chang, Jiunn-Rong Yeh Mar 2010

The Emergence Of East Asia Constitutionalism: Features In Comparison, Wen-Chen Chang, Jiunn-Rong Yeh

Wen-Chen Chang

Vibrant constitutional democracies have taken hold in East Asian soil. Japan, South Korea and Taiwan came to mind as successful examples. Scant attention, however, has been placed upon ways that constitutionalism has been brought into being and developed into distinctive forms in East Asia. This paper seeks to analyze in a descriptively way constitutional developments in Japan, South Korea and Taiwan. By reading the three cases together, this paper discerns a number of common features shared by the three constitutional developments, which include instrumental constitutional state building, textual and institutional continuity, reactive judicial review and a wide range of rights …


The Emergence Of East Asia Constitutionalism: Features In Comparison, Wen-Chen Chang, Jiunn-Rong Yeh Jan 2010

The Emergence Of East Asia Constitutionalism: Features In Comparison, Wen-Chen Chang, Jiunn-Rong Yeh

Wen-Chen Chang

Vibrant constitutional democracies have taken hold in East Asian soil. Japan, South Korea and Taiwan came to mind as successful examples. Scant attention, however, has been placed upon ways that constitutionalism has been brought into being and developed into distinctive forms in East Asia. This paper seeks to analyze in a descriptively way constitutional developments in Japan, South Korea and Taiwan. By reading the three cases together, this paper discerns a number of common features shared by the three constitutional developments, which include instrumental constitutional state building, textual and institutional continuity, reactive judicial review and a wide range of rights …