Intra-party democracy and the boundaries of judicial review in Germany
Date Issued
2011
Date
2011
Author(s)
Huang, Ren-Jyun
Abstract
This article is a structural analysis of the law and party system change in Taiwan. According to the single-party beginning, the change of party politics, the formation of party-state (Parteienstaat) ,the development of party system will be defined as the history of democratic transition in Taiwan(R.O.C.). Furthermore, this law change includes J. Y. (Judicial Yuan) Interpretation No. 31、J. Y. Interpretation No.261 and amending the Constitution for seven times. This interactive process initiates a dialog between the democratic state and the party democracy. Actually, they are hotly debating in the issue of intra-party democracy, political party autonomous, political party arbitration, inner-party primary election and expelling from the party. Consequently, this essay intends to give a systematic account of the intra-party democracy from the viewpoint of the comparative law.
The problems of intra-party democracy are not only involved in the political reality and the legal system, they also involved in the divide of public laws and private laws, such as the Constitution, Party Law, Civil Organizations Act and Civil Code Part I General Principles. Hence, the purpose of this article is to establish a reasonable legal framework for the political parties. This essay has an aim to clarify the legal system of party in Germany and combine the social reality and the legal system in Taiwan so as to explore the issues of the freedom of political parties, the equality of political parties, the disclosure of political parties and the intra-party democracy in Taiwan(R.O.C.) and to comment the draft of party law in Taiwan(R.O.C.). This essay concludes that we should take the party law and intra-party democracy seriously. It is crucial to improve Taiwan''s Democratization.
Subjects
Intra-party democracy
Party law
Party-state (Parteienstaat)
Party system
Political party autonomy
Expelled from the Party
SDGs
Type
thesis
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