Announcements -Research Tips: see course web pageweb page -Reading Questions due tomorrow in Quiz Section. -Next Wednesday, 5/16 Research Paper Bibliography due in Quiz Section. (Follow the Course Citation guide on course webpage). - Research Papers due in class and via E- submit, Thurs 5/17.

Courts in New Democracies I. The Historical Expansion of Judicial Review: Three Waves of Democracy A. First Wave: United States - Marbury vs. Madison (1803): established judicial review

(I. Historical Expansion, cont.) B. Second Wave: Post/Fascism/Post- Colonialism/Post WWII (1950s,60s,70s) - Germany, India, Japan, Italy, Spain C. Third Wave: Post Communist/Authoritarian (1980s,90s) - Central and Eastern Europe, Latin America

II. Role of Courts in New Democracies Development of a democratic Constitution: How does a court accomplish this? A. Clarity/Stability through interpretation (neutral application of pre-existing rules) B. Purposeful development of the Constitution through judicial decisions

(II. Role of Courts in New Democracies, cont.) C. In your view, what role should courts and the use of judicial review play in new democracies? (clarity through interpretation or purposeful development of constitution) Is there a way that Courts can engage in this interpretation and remain removed from the political environment?

III. Types of Cases A. Vertical Separation of Powers Cases -disputes regarding division of power between federal and state/local government B. Horizontal Separation of Powers Cases -disputes regarding the relationship between bodies in the government C. Constitutional Rights Cases -disputes involving individual and the government

Taiwan Case Study I. Distinctive Characteristics of Taiwan Courts A. First example of modern constitutionalism in China B. Ambiguous international context 1. One-China paradigm 2. United States Security C. Gradual and Extended Democratic Transition

II. Council of Grand Justices (constitutional court) A. Creation: 1947 Constitution (2000 Amendment, changed powers) -Centralization of authority -Constitutional adjudication is exclusively held by the Council

(II. Council of Grand Justices, cont.) B. History: 1895: military defeat forced China to cede Taiwan to Japan Post WWII: reverted back to Chinese control 1949:nationalists fled to Taiwan created govt. 1996: first directly elected pres. Elections 2000: transfer of power from KMT to Democratic Prog. Party, constitutional reforms

(II. Council of Grand Justices, cont.) C. Structure and Relative Autonomy 1. Constitution: 1947 Constitution Chapter VII, 2000 Constitutional Amendments Art 5 2. Judges: 15 grand justices, nominated & appointed by Pres. with confirmation from the legislature, 8 yr non-renewable term

(II. Council of Grand Justices C. Structure, cont.) 3. Judicial Review: Authority to 1) interpret the Constitution and 2) unify the interpretation of statutes a. Abstract Review b. Concrete Review c. Dissolution of Political Parties

(II. Council of Grand Justices C. Structure, cont.) 4. Access: a. Govt. officials: legislature, executive, administrative b. private individuals

(II. Council of Grand Justices C. Structure, cont.) 5. Separation of Powers/Relationship to the Judicial System a. Civil and Criminal Cases: The Supreme Crt, High Crt and district courts b. Administrative Cases: The Supreme Admin. Crt and the High Admin Courts c. Evolving Relationship between the Council and the ordinary courts

Examples of evolving relationship between Council and the Ordinary Courts Decision #154: increased Council’s power over the Supreme Court Decision #177: Council decision binding on retrial Decision #371: Increased citizen access to the Council

Question/Answer: Is this type of self-created powers of jurisdiction important for courts in new democracies? Why or why not? Why?: Similar to the Marbury vs. Madison case in the US. Enabled court to better protect individual rights and create an effective legal system. Why not?: The court is just establishing its role and place in new democracies and if it acts too powerful, it might tarnish its legitimacy.

III. Individual Human Rights Protection in Taiwan A.Council of Grand Justices: Expansion of Constitutional Rights 1. Marriage Annulment Case 2. Police Administration Law Case

(III. Individual Human Rights Protection in Taiwan, cont.) B. Administrative Courts: Expansion of Administrative Review (2000) C. Creation of Human Rights infrastructure D. Continuing Problems 1. Judicial corruption 2. Violence against women