Epic clashes between democracy and the rule of law now increasingly arise in many Asian jurisdictions. Indeed, these new battlegrounds have demonstrated a global reality: that these vastly important principles not only complement one other and help to sustain governments and nations, but also frequently converge, thus jeopardising such institutional arrangements. Recent events in East...
Civil Constitutionalism (and the lack thereof) in Taiwan
The emergence of populism around the globe mirrors the general distrust and dissatisfaction with the political branches. Notwithstanding the widespread of populism in both old and young democracies, Taiwan seems to be resilient to the pathology of populism, and democracy in Taiwan remains stable. Nevertheless, Taiwan‘s democracy is actually built on shaky grounds, an issue...
Criticising the courts: from ‘foreign‘ judges to ‘dinosaur‘ judges
Court criticism often boils down to clashes between the principles of democracy and the rule of law, but severe criticism may challenge judicial authority and threaten the rule of law. And yet, certain types of criticism are more acceptable than others. This paper argues that collective criticism represents a more acceptable type of condemnation. Here...
Developing a Right to Democracy in International Law: Protection by the Rule of Law?
“We reaffirm that human rights, the rule of law and democracy are interlinked and mutually reinforcing and that they belong to the universal and indivisible core values and principles of the United Nations.“ (United Nations Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Levels...
Protest, Law, and Regime Type
Different regimes face distinct political challenges and develop unique measures to manage political crises. Mainland China, Hong Kong and Taiwan have different political systems: China is an authoritarian one party state practicing “democratic dictatorship“; Taiwan is a democracy that entrenches human rights protection and the separation of powers; Hong Kong, as an SAR of China,...
Taiwan, Hong Kong, and the Ambivalent Relationship between Law and Democracy
Hong Kong and Taiwan score high on “rule or law“ but diverge on democracy. The “one country, two systems“ arrangement for Hong Kong, promising gradual progress toward democracy, and the happenstance of post-colonial Hong Kong‘s inherited legality and non-democracy contrast with Taiwan‘s concurrent democratization and rising rule of law. The contrasting cases offer potential lessons...