Constitutional Challenges to Smoking Bans of Tobacco Hazards Prevention Act in Taiwan
Date Issued
2009
Date
2009
Author(s)
Wei, Lin-Shan
Abstract
On January 23, 2009, Taiwan enacted the new Tobacco Hazards Prevention Act. To protect people away from exposure to environmental tobacco smoke (ETS) the new Act bans smoking in most public spaces. This smoking bans were unconstitutional for infringing on smokers’ rights of Health and liberty. The regulation has not interfered with the business owners economical viable use of their shops, but it was unconstitutional for infringing on their freedom of business.Clearly this new Act need reviseing.hapter One of this paper shows four dimensions of the tobacco control. Chapter Two looks though tobacco use history and its regulation history. Chapter Three reviews Taiwan’s tobacco control polacies and conpares the previous smoking bans and the new ones in Tobacco Hazards Prevention Act. Chapter Four explores the constitutional challenges on smoking bans in both USA and Germany. Chapter Five examines constitutional challenges on the newly acted smoking bans in Taiwan. Finally, Chapter Six summarizes the findings, suggests some possible developments for smoking bans in Tobacco Hazards Prevention Act.
Subjects
smoking ban
tobacco regulation
Tobacco Hazards Prevention
ETS
rights of Health
rights of liberty
paternalism
freedom of business
FCTC
SDGs
Type
thesis
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