Utilizing External-Knowledge in Means-Ends Analysis: A Comparative Study on Taiwanese and U.S. Cases Regarding Interdisciplinary Approaches to Constitutional Reasoning
- Wen-Yu Chia
In this article, Wen-Yu Chia focuses on some landmark human rights cases under two jurisdictions which are the U.S. Supreme Court and the Taiwanese Constitutional Court (TCC). The author tries to illustrate some common strengths as well as weaknesses of interdisciplinary approaches of MEA in constitutional reasoning by comparative research. Those strengths and weaknesses may address the essence of interdisciplinary approaches to (constitutional) law as a distinctive legal methodology.
Saying is One Thing; Doing is Another? Analyzing the Chinese Nonprofit Organization Model in Investor Protection through the Taiwanese Experience
- Guan-Wei Chao
In this article, Guan Wei Chaoexamines whether the 2015 draft amendment could lead China into a hybrid securities enforcement mechanism as its stated purpose. In addition, this Article illustrates that the convergence of NPO models between Taiwan and China may not happen due to path-dependent factors, including political, economic, and cultural circumstance, specific to the Chinese NPO ecology. More importantly, the Chinese NPO model may also reveal China’s intention to use this NPO model as an excuse to eliminate the early emergence of the grassroots NPO’s participation in investor protection, and a guise to grant the government more control over private securities enforcement.
Rethinking the Nature and Legal Status of Illegal Structures in Taiwan: A Commentary on Taiwan High Court Judgment Case No. 102, Shang Zi, 1188
- Chung-Jau Wu
In this article, Chung-Jau Wu considers an illegal structure is by nature illegal under both civil and administrative law from the perspective of “uniformity and consistency for legal order” and “consistency of illegality”. The author elaborates the concept by commentting on Taiwan High Court Judgment Case No. 102, Shang Zi, 1188 and other court rulings. In conclusion, the author thinks we should not even consider affording illegal structures a complete and entire right in rem.