Please use this identifier to cite or link to this item:
Attitudinal orientation of Judicial Interpretations of the Sixth Session of the Grand Justices─An Analysis of Judicial Passivism and Judicial Activism
the Sixth Session of the Grand Justices
Using judicial review of constitutionality institution is the common development direction of constitutional democracies nowadays. According the constitution of the Republic of China, Grand Justices of the Judicial Yuan are the supreme and sole constructionist. They are vested with the authority to shoulders the heavy duties of safeguard and support of the constitutional system. For this reason, Grand Justices enjoy the good name of "guardian angel of constitution". The judges not selected by civilians are able to adjudicate the law enacted by the Congressmen selected by civilians to be Constitution-violating or ineffective. This is a controversial issue, what so-called problem of anti-majority dilemma. Therefore, being the guardian for the constitution by the government organization of interpret constitution, as they review the constitutionality of other government organization’s actions, must face the question which the discretion acts bashful, that is regarding constitution in parallel other government organizations (political department such as legislation or administration) decision-making, should give how degree respects to them? That is to say, grand justices should positively involve and strict scrutiny or negatively respect other government organizations decision and relax the scrutiny when review the case that may have doubt of violate of the constitution. When they face that situation, how involvement degree and boundary they can, whether has possibility of the unification vein to follow, also whether has possibility of the type operation, really need thorough discussion, this is the article wants to discuss, “Judicial Passivism” and “Judicial Activism”. This article differentiates the judicial interpretations of the sixth session of the Grand Justices between the classifications of basic rights and constitutional order. Discussing the sixth session of the Grand Justices tend to take passive or active attitude toward what kind of affairs area, and why it is. Finally, we bring up initial ideas of attitudinal orientation of judicial review, which provides a referential index.
|Appears in Collections:||學位論文|
Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.