An Isolated Nation with Global-Minded Citizens: Bottom-Up Transnational Constitutionalism in Taiwan

National Taiwan University Law Review, Vol. 4, No. 3, pp 203-235, 2009

34 Pages Posted: 25 Mar 2010

See all articles by Wen-Chen Chang

Wen-Chen Chang

National Taiwan University College of Law; National Yang Ming Chiao Tung University School of Law

Date Written: 2009

Abstract

The emergence of transnational constitutionalism, particularly regarding the convergence of international human rights and domestic constitutions, has taken place in many national or transnational jurisdictions. This paper attempts at examining whether and to what extent this trend has occurred in Taiwan. This paper finds that not much constitutional codification of international human rights laws has been undertaken in the Constitution or subsequent constitutional revisions, and that the judicial reference to international human rights laws was very moderate: 1% in holdings or majority opinions and 3.25% in separate opinions. However, this paper discerns that a stronger trend in statutory incorporation of international human rights laws has taken place in Taiwan. By examining the roles of NGOs in their respective rights advocacies, this paper finds that NGOs and citizens have played pivotal roles in mediating transnational/constitutional norms, defined as a rather distinctive model of “bottom-up transnational constitutionalism.” With their domestic/transnational natures of agency, these global-minded citizens and NGOs have built an intermediating transnational/constitutional regime where both international and domestic human rights laws meet with each other.

Keywords: Transnational Constitutionalism, International Human Rights, Transnational Judicial Dialogues, Transnational Civil Society, NGOs

JEL Classification: K40

Suggested Citation

Chang, Wen-Chen, An Isolated Nation with Global-Minded Citizens: Bottom-Up Transnational Constitutionalism in Taiwan (2009). National Taiwan University Law Review, Vol. 4, No. 3, pp 203-235, 2009 , Available at SSRN: https://ssrn.com/abstract=1573735

Wen-Chen Chang (Contact Author)

National Taiwan University College of Law ( email )

1 Sec. 4, Roosevelt Road
Taipei 106, 106
Taiwan
886-2-3366-8948 (Phone)
886-2-2368-1874 (Fax)

National Yang Ming Chiao Tung University School of Law ( email )

National chiao tung university, 1001 university ro
Hsinchu, 1001
Taiwan

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