Before Martial Law was lifted in 1987, the Legislative Yuan passed the National Security Act prohibiting civilian cases tried in court martial from appealing to ordinary courts. In 1991, the Constitutional Court affirmed this legislation in its notorious J.Y. Interpretation No. 272, indicating that this was a very exceptional case, since the imposition of martial...
Tag: <span>Cheng-Yi Huang</span>
Why Constitution Matters with Transitional Justice: Comparison of Taiwan and South Korea
The paths of constitutional reform and democratization in Taiwan and South Korea paralleled as well as diverged from each other. The difference has a huge impact upon their policies and legal strategy toward transitional justice. Constitution in post-authoritarian Taiwan failed to form a new political identity against past atrocity. Even though the Constitutional Court has...