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

Public Law and Legal Theory

Brooklyn Law School

2019

Taiwan; Republic of China; ROC; China; PRC; legal identity; identity; legal history; legal system; National Affairs Conference on Judicial Reform; Tsai; reform; transparency; ICCPR; International Covenant on Economic

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Full-Text Articles in Law

Forging Taiwan’S Legal Identity, Margaret K. Lewis Jul 2019

Forging Taiwan’S Legal Identity, Margaret K. Lewis

Brooklyn Journal of International Law

The legal system in Taiwan is undergoing a transformation. Over a hundred years since the founding of the Republic of China and over thirty years since the end of martial law on Taiwan, a new legal identity is being forged. Public criticism of “dinosaur” judges and esoteric debates among law-trained elites have galvanized efforts to create a more inclusive discussion surrounding legal reforms. Taiwan is facing the challenge of moving from dinosaurs to dynamism. This Article argues that transparency, clarity, and participation both are animating principles of the current reform debate and are beginning to emerge as characteristics of Taiwan’s …