區域整合與亞洲憲政主義：台灣面對亞洲整合的憲法議題
Date Issued
2003
Date
2003
Author(s)
DOI
912414H002004
Abstract
Transitional constitutionalism, a byproduct of the third-wave democratization that
occurred in the last decade of the twentieth century, has spread to both the regions and
the world at an accelerating speed. Transnational, regional, or global constitutionalism
has emerged, as a result. This trend in the development of world constitutionalism has
coincided with regional integration and globalization that have appeared in the
reshaped world of post-cold war and the Internet. Regional integrations such as
European Union or Organization of American States and their constitutional
consequences have best exemplified the intriguing relationship between regional
integration and the developments of transnational or regional constitutionalism.
Furthermore, because of the unprecedented expansion of transitional constitutionalism,
the number of constitutional democracies has reached the highest peak ever since
classical constitutionalism was developed in the eighteenth century. The exuberance
of constitutional functions as well as solid constitutional structures in almost all
national constitutions have channeled and made possible, the interactions of
constitutions, thereby triggering the emergence of transnational, regional, or global
constitutionalism.
The intense interactions between regional integration and the developments of
regional constitutionalism have not occurred only in Europe or in America. After the Asian economic crisis of 1998, Asian integration has been in sight. What will the
consequences facing Taiwan as Asia integrates and how will Taiwan best respond to
them? More importantly, will Asian integration lead to Asian constitutionalism, like
Europe and America? If so, to what extent and in what ways can Asian
constitutionalism burgeon and develop as Asia integrates economically, culturally,
and politically? What effect will Taiwan’s vibrant democracy and solid
constitutionalism, China’s early development in the rule of law, the uncertain status of
the Basic Law in Hong Kong and its struggle with China, and so-called
neo-authoritarian constitutionalism in Singapore and Malaysia have on the Asian
economic integration and political development?
This research project aims to study the intriguing relationship between regional
integration and transnational constitutionalism and analyzes its theoretical foundations.
The project also attempts to understand the current situation of Asian integration and
its future and to project whether Asia integration will bring about Asian
constitutionalism. Finally, this research will lay out some constitutional agendas for
Taiwan as it is faced with economic and political consequences of Asian integration.
Subjects
Transitional Constitutionalism
Transnational Constitutionalism
Regional
Constitutionalism
Constitutionalism
Global Constitutionalism
Regional Integration
Globalization
Asian Integration
Asian Constitutionalism
ASEAN (the Association of Southeast
Asian Nations)
Asian Nations)
APEC (Asia-Pacific Economic Cooperation)
SDGs
Publisher
臺北市：國立臺灣大學法律學系暨研究所
Type
report
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