GOV 4003 Group Presentation - The Judicialization of Politics in Taiwan

[Virtual Presenter] Good afternoon everyone. Today, I'll be discussing the contributions of a recent article on judicialization and its effects on Taiwan politics. This article covers important and interesting topics, and I'll also be evaluating the efficacy of these processes from multiple perspectives. I'm excited to share my findings with you today, and I hope that you find the presentation both informative and engaging..

[Audio] Political organizations in Taiwan, namely the Democratic Progressive Party (DPP) and the Kuomintang (KMT), have demonstrated a commitment to allocating decision-making authority to legal institutions. This move has been a key component in the development of Taiwan's democracy, indicating that these organizations have placed the rule of law and fairness above their own interests, thereby helping constructing a more equitable and just society..

[Audio] The article examines the part of different players in the judicialization cycle. It exhibits how the legal executive can go about as a device of legislators and the overall population. It addresses how legislators can exploit the legal procedure by gathering political capital by establishing their interest for activity. It likewise features that entrusting specific political forces to the court can diminish the danger of political reaction, as it is viewed as a protection instrument and potential veto..

[Audio] The article examines the roles of multiple stakeholders in the judicialization process. Social groups and ordinary citizens are able to access the judiciary with lower costs and shorter timeframes compared to other legal means. Additionally, constitutional litigation is generally cost-free and conducted in a politically impartial manner. Consequently, constitutional litigation can be an effective force in promoting human rights and producing policy reforms..

[Audio] The article examines the potential of judicialization to spur political and social change. It analyses how, in a divided society, people and organizations use litigation to realize their aims. It further investigates how judicialization has enabled some countries to make sweeping social improvements, like Taiwan's advancement towards a real democracy. The article also considers the contrasting pattern of some public-interest associations avoiding legal recourse and instead advocating for their objectives, leading to a more consistent political atmosphere..

[Audio] The article examines the impacts of judicialization of politics on society and government. Advantages and disadvantages are highlighted for both, as well as the potential for positive or negative outcomes. Effects of judicialization on public debates and the political process are discussed. It is argued that the context and approach in which judicialization is implemented can make a difference in determining its overall benefit or detriment to society. In conclusion, further research is needed to determine the optimal way to utilize judicialization of politics in order to maximize advantages while avoiding potential pitfalls..

[Audio] The article referred to in this presentation has promoted the idea of greater accountability, by making it possible to review legislative and government resolutions. Consequently, when creating governmental regulations, politicians have to consider how the court might react, thus making it the policy-maker in fact. Additionally, the general public can now have a bigger influence on the political system and consequently, make politicians more sensitive to their requests and wishes..

[Audio] Taiwan has been able to make significant strides in judicial governance thanks to this article. It has implemented stricter criteria for the nomination of Supreme Court Justices and created a more regulated and equitable appointment procedure. The article also stops the President from making nominations unilaterally, limiting the number of Justices appointed to a maximum of 1/3 of the total. Additionally, it has established a staggered 8-year term, disallowing successive terms for Supreme Court Justices..

[Audio] The article demonstrates a correlation between public opinion and court decisions in Taiwan. Both the Democratic Progressive Party and the Kuomintang have invoked the court when they have been stuck in a political stalemate, with the majority of Taiwan's court rulings aligning with the predominant public opinion. This raises people's awareness on law and the court, aiding in ensuring the court is not overly biased..

[Audio] Constitutional Court of Taiwan declared existing marriage laws as unconstitutional in 2017, paving the way for same-sex marriage to become legal in 2019. This was a momentous achievement not only for Taiwan but for the LGBTQ+ community globally. It serves as an example of how public opinion and legislation can be impacted to contribute to the rights of minority groups. Appreciated for taking the time to consider these issues..