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History Of Law In Taiwan
This page is a history of the legal regime in Taiwan. Aboriginal Law (pre-1624) The earliest majority inhabitants of Taiwan were probably from Southeast Asia and are racially similar to the Malay group who inhabit Malaysia and Indonesia. Other minority groups to inhabit Taiwan during this time were the Han Chinese, Japanese traders, European explorers, missionaries, and other traders. One origin of law of Aboriginal peoples came from a concept of ''chongzu'' 崇祖, or ancestral worship.See Wang Tay-Sheng, TAIWAN FALÜSHI GAILUN eneral Discussion on Taiwanese Legal History19-30 (2001). Ancestral spirits were believed to exist forever and co-exist among the living. It was thought that if you violate customs or taboo, this would possibly result in some sort of catastrophe and would require subsequent prayer to the ancestors to avoid such a catastrophe from happening again. Breaking the law was thought to have the result of multiple levels of trouble for you or your family. Cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Taiwan
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast, and the Philippines to the south. The territories controlled by the ROC consist of 168 islands, with a combined area of . The main island of Taiwan, also known as ''Formosa'', has an area of , with mountain ranges dominating the eastern two-thirds and plains in the western third, where its highly urbanised population is concentrated. The capital, Taipei, forms along with New Taipei City and Keelung the largest metropolitan area of Taiwan. Other major cities include Taoyuan, Taichung, Tainan, and Kaohsiung. With around 23.9 million inhabitants, Taiwan is among the most densely populated countries in the world. Taiwan has been settled for at least 25,000 years. Ancestors of Taiwanese indigenous peoples settled the isla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Referendums In Taiwan
Referendums in Taiwan at both the national and local level are governed by the ''Referendum Act'' of Taiwan, which was enacted by the Legislative Yuan in December 2003. Citizens can propose laws via referendums at the national and local levels. The ''Referendum Act'' also allowed people to make changes or abolish laws by referendums. The 7th amendment of the Additional Articles of the Constitution in June 2005 also moved the final ratification process for future constitutional amendment and national territory alternation into a form of referendum. These referendum has a higher bar of proposing and approval set directly by the ''Constitution'' outside of the ''Referendum Act''. History Legislative process While the rights of initiatives and referendums are mentioned in the Three Principles of the People and Chapter 9, Article 136 of the Constitution of 1947, a law pertaining specifically to referendums was not enacted until 2003. The Referendum Act was promoted by Democratic Pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Separation Of Investment And Retail Banking
The separation of investment and retail banking aims to protect the "utility" aspects of day-to-day banking from being endangered by losses sustained by higher-risk investment activities ("casino banking"). This can take the form of a two-tier structure in which a company is banned from doing both activities, or enforcing a legal ring-fence between two divisions of a company. Banks have resisted this separation saying that it increases costs for consumers. Historically retail banks have used cash deposited by savers for investment activities. Following the Wall Street Crash of 1929 the United States sought to reduce the risk of savings being used to pay losses incurred on bad investments with the Glass–Steagall legislation of 1933 which restricted affiliations between banks and securities firms. This legislation was weakened in the 1990s, culminating in its abolition in 1999 by the Gramm–Leach–Bliley Act. This triggered a spate of international mergers, creating companies so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Separation Of Church And State
The separation of church and state is a philosophical and jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular state (with or without legally explicit church-state separation) and to disestablishment, the changing of an existing, formal relationship between the church and the state. Although the concept is older, the exact phrase "separation of church and state" is derived from "wall of separation between church and state", a term coined by Thomas Jefferson. The concept was promoted by Enlightenment philosophers such as John Locke. In a society, the degree of political separation between the church and the civil state is determined by the legal structures and prevalent legal views that define the proper relationship between organized religion and the state. The arm's length principle proposes a relationship wherein the two political entities intera ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Bill Of Rights
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people. The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787), the English Bill of Rights (1689), and Magna Carta (1215). Largely because of the efforts of Representative James Madison, who studied the deficiencies of the Constitution pointed out by anti-feder ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury Trial
A jury trial, or trial by jury, is a Trial, legal proceeding in which a jury makes a decision or Question of law, findings of fact. It is distinguished from a bench trial in which a judge or Judicial panel, panel of judges makes all decisions. Jury trials are used in a significant share of serious criminal cases in many but not all common law judicial systems. The majority of common law jurisdictions in Asia (such as Singapore, India, Pakistan and Malaysia) have abolished jury trials on the grounds that juries are susceptible to bias. Juries or lay judges have also been incorporated into the legal systems of many civil law (legal system), civil law countries for criminal cases. Only Seventh Amendment to the United States Constitution, the United States makes routine use of jury trials in a wide variety of non-criminal cases. Other common law legal jurisdictions use jury trials only in a very select class of cases that make up a tiny share of the overall civil docket (like malici ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unicameralism
Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one. Unicameral legislatures exist when there is no widely perceived need for multicameralism (two or more chambers). Many multicameral legislatures were created to give separate voices to different sectors of society. Multiple houses allowed, for example, for a guaranteed representation of different social classes (as in the Parliament of the United Kingdom or the French States-General). Sometimes, as in New Zealand and Denmark, unicameralism comes about through the abolition of one of two bicameral chambers, or, as in Sweden, through the merger of the two chambers into a single one, while in others a second chamber has never existed from the beginning. Rationale for unicameralism and criticism The principal advantage of a unicameral system is more efficient lawmaking, as the legislative process is simpler and there is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Open List
Open list describes any variant of party-list proportional representation where voters have at least some influence on the order in which a party's candidates are elected. This is as opposed to closed list, which allows only active members, party officials, or consultants to determine the order of its candidates and gives the general voter no influence at all on the position of the candidates placed on the party list. Additionally, an open list system allows voters to select individuals rather than parties. Different systems give the voter different amounts of influence to change the default ranking. The voter's choice is usually called preference vote; the voters are usually allowed one or more preference votes to the open list candidates. Variants Relatively closed A "relatively closed" open list system is one where a candidate must get a ''full quota'' of votes on their own to be assured of winning a seat. (This quota, broadly speaking, is the total number of votes cast d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Webster/Sainte-Laguë Method
The Webster method, also called the Sainte-Laguë method () or the major fractions method, is a method for allocating seats in a parliament among federal states, or among parties in a party-list proportional representation system. The method was first described in 1832 by the American statesman and senator Daniel Webster. In 1842 the method was adopted for proportional allocation of seats in United States congressional apportionment (Act of 25 June 1842, ch 46, 5 Stat. 491). It was then replaced by Hamilton method and in 1911 the Webster method was reintroduced. The method was again replaced in 1940, this time by the Huntington–Hill method. The same method was independently invented in 1910 by the French mathematician André Sainte-Laguë. It seems that French and European literature was unaware of Webster until after World War II. This is the reason for the double name. Description After all the votes have been tallied, successive quotients are calculated for each part ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Democracy Index
The ''Democracy Index'' is an index compiled by the Economist Intelligence Unit (EIU), the research division of the Economist Group, a UK-based private company which publishes the weekly newspaper ''The Economist''. Akin to a Human Development Index but centrally concerned with political institutions and freedoms, the index attempts to measure the state of democracy in 167 countries and territories, of which 166 are sovereign states and 164 are UN member states. The index is based on 60 indicators grouped in five categories, measuring pluralism, civil liberties and political culture. In addition to a numeric score and a ranking, the index categorizes each country into one of four regime types: full democracies, flawed democracies, hybrid regimes, and authoritarian regimes. The first Democracy Index report was published in 2006. Reports were published every two years until 2010 and annually thereafter. Methodology As described in the report, the ''Democracy Index'' produces ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
District Courts (Republic Of China)
The district courts () are the ordinary trial courts of general jurisdiction under the law of Taiwan. Currently there are 22 district courts under the jurisdiction of the Republic of China (Taiwan). History District courts (, ''chihō-hōin'') were first established in Taiwan in 1896. The jurisdiction of the district courts changed several times in the Japanese era. There were five (5) district courts in Taiwan as of 1945, the end of the Japanese rule, when the courts were incorporated into the Republic of China court system. Note that the Empire of Japan was granted extraterritoriality in China from late 19th century until World War II. During this time, Taihoku District Court also handled the trial cases regarding Japanese citizens (including Taiwanese and Korean) in the Chinese provinces of Fujian, Guangdong and Yunnan. After World War II, more district courts were established as the population growth. The newest district court, Ciaotou District Court, was established in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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