Juduicial Power & Illusion: The Republic of China's Council of Grand Justices and Constitutional Interpretation

Authors

F. Fraser Mendel

Abstract

The Republic of China underwent a rapid political transformation from an authoritarian nation to a democratic state which required change at every level of the government. The ROC's Council of Grand Justices has contributed to this period of reform through a number of constitutional interpretations which have resulted in greater individual liberties and further restrictions on government actions. This has been accomplished even though the Council operates against substantive and procedural limitations on its powers. A review of these Council interpretations from the past decade reveals that the Council has made steady inroads towards fulfilling its role as the supreme judicial body of the ROC. The Council, however, is not sufficiently protected from the influence of other government branches and still issues decisions carefully. The ROC government must ensure the Council is isolated from political influences before the Council will be able to impartially exercise the full range of its constitutionally mandated authority.

First Page

157

Recommended Citation

F. F. Mendel, Comment, Juduicial Power & Illusion: The Republic of China's Council of Grand Justices and Constitutional Interpretation, 2 Pac. Rim L & Pol'y J. 157 (1993).
Available at: https://digitalcommons.law.uw.edu/wilj/vol2/iss1/9