The Rule of Law and Transitional Justice in Taiwan : With Review of Extraordinary Legal Institutions and Case Study of the Kaohsiung Incident
Date Issued
2014
Date
2014
Author(s)
Cheng, Chao-Yi
Abstract
The “Rule of Law” (das Rechtsstaatsprinzip) is the most essential principle at the constitutional level in modern European countries. This principle has been extensively promoted and advocated through scholars and practitioners in the past few decades. It has been continuously discussed and has become a significant theory of public law in Taiwan.
The purpose of this thesis is to highlight several crucial principles from the concept of “Rule of Law”, which are the essential building blocks for forming the constitution. Subsequently, this article intends to review several critical issues encountered and their impact to the political - legal environment and the society under the “Extraordinary Legel Institutions” during the martial law period, also called the “White Terror” period, in Taiwan. Following such research and analysis, this article explores the experiences and achievements of other countries like Austria, Germany, Korea and South Africa undergone “Transitional Justice” as references. In addition, it also scrutinizes the theoretical correlation, potential conflicts and issues involved between “Transitional Justice” and the principles of “Rule of Law”.
Consequently, this thesis takes Kaohsiung Incident as an example to demonstrate the implementation of “Transitional Justice” that leading to influencing the political development post World War II in Taiwan. It shall try to indicate in referencing to author’s own work experiences as the legal director with Compensation Foundation for Improper Verdicts to provide point of view on the implementation of “Transitional Justice”, especially during the rehabilitation process, to highlight the processes that had gone through, the achievements that had accomplished and where certain areas that still have rooms to improve etc. Finally, in a nutshell, this thesis hopes to discuss the future development of Taiwan going forward based on the principles of “Rule of Law” through “Transitional Justice” post transforming from authoritarian political system to democratic political system.
Subjects
法治國原則
轉型正義
非常法制
美麗島事件
白色恐怖
戒嚴法
SDGs
Type
thesis
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