The Constitution of Taiwan ─ A Contextual Analysis

Taiwan is a tale of miracles in the twentieth century: the economic miracle in the 70s-80s; the democratic miracle that brought about a silent revolution from a notorious authoritarian regime to a full democracy in Asia; and the constitutional miracle in which political reform was achieved through constitutional means. Indeed, Taiwan's transition to democracy was made possible by incremental constitutional revisions, courts responsive to changing dynamics, and a civil society engaged in the project of constitutional transformation. These changes ushered in the unprecedented development of a transitional and transnational constitutionalism.

This volume seeks to explain the drivers and context of these constitutional transformations: democratization, indigenization and globalization. These transformed an externally imposed constitution into an internally embraced, vibrant one. The changes analyzed in this volume include institutional shifts from a cabinet system to a semi-presidential one; from three parliaments to one; from manipulated central-local relations to a functional federalism; from a Constitutional Court that merely rubber-stamped to one that is responsive and supports dialogue.

More importantly, this volume details how a short list of constitutional rights has been transformed into a burgeoning rights-based discourse engaged by civil society. It is essential reading for anyone interested in the democratic and constitutional development of Taiwan.