Research on political neutrality of Taiwan’s judges
Date Issued
2011
Date
2011
Author(s)
Liu, Zhong-Qi
Abstract
There is between the State and a public functionary a relationship of official service under the public law, different from it between the State and judges. The request for judges emphasizes judicial independence, pursuant to Article 80 of the Constitution, and Judges must remain non-partisan especially. Furthermore, judges must restrict their internal and external behaviors by themselves, that is to say, there is a possibility of restriction on judges about political activity. That is what this thesis studies.
Judges are as the same as the general public, so that they enjoy fundamental constitutional rights. Restriction to partake in political activity and prohibition against joining a political party on judges infringe their political rights, including freedom of speech、assembly、association and other suffrage rights. Thus,it should still review constitutionality of these restriction and prohibition while asking judges to remain neutral.
There are Judicial Code and Implemental Guidelines of self-controlled committee for judges of all leves at present, but there are problems that regulations of them are imcomplete or articles are uncertain or infringement of fundamental rights of judges by duty commands. Judges Act have been drawn up for moe than two decades,and remain being screened in The Legislative Yuan now. The foregoing problems will be solved as soon as Judges Act is legislated. In addition. Judicial Yuan also drafts Ethical Principles for Judges to match up Judicial Act. Although American and Japanese legal systems differ from ours, we could follow the example of them. American regulations have developed longer、maturer and complicated than ours so that it is worth learning from them.
This thesis attempts to research into the possibility of keeping political neutrality on the basis of specific characteristics of judicial duties by Ethical Principles for Judges, and exemplifies violation of judicial political neutrality; moreover, according to possible influence of present political situation and social condition on judicial independence, and the general public viewpoints, the thesis makes a conclusion.
Subjects
judge
political neutrality
political activity
fundamental rights
SDGs
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