The Historical Evolution of Administrative Court System in Taiwan Cover Image

The Historical Evolution of Administrative Court System in Taiwan
The Historical Evolution of Administrative Court System in Taiwan

Author(s): Hiroshi Kaneko
Subject(s): Law, Constitution, Jurisprudence, Recent History (1900 till today), Government/Political systems, 19th Century
Published by: Akademia Leona Koźmińskiego
Keywords: administrative courts system; administrative procedure; Taiwan;

Summary/Abstract: This article discusses the Taiwanese reception of Western law; it investigates the historical origin of the administrative procedure and litigation in Taiwan, as well as its development from the late XIX century until the 1998 reform. It also analyses the growing scope of protection of individual rights by successive reforms in the context of the Taiwanese democracy. An analogy is drawn between the Taiwanese and Japanese road to the westernisation of administrative legal systems with particular regard to the adoption of German legal notions. The legal discourse is set in the context of international law and supported by statistical data. The Author arrives at the conclusion that Taiwan has been spared the fate of countries where westernisation had produced only “dead letters”. On the contrary, the comparison of statistical data demonstrates that citizens of Taiwan use administrative litigation opportunities provided by the law more often than in Japan. The administrative review system functions well and increasingly wins the trust of citizens.

  • Issue Year: 7/2015
  • Issue No: 1
  • Page Range: 177-193
  • Page Count: 17
  • Language: English