台湾における違憲審査制の近時動向 : 日本憲法裁判の経験を通じて、台湾司法院の位置づけを考える

概要

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The System of Judicial Review originated from the case Marbury v. Madison, judged by the American Federal Supreme Court in 1803. There were some arguments relating to the System of Taiwanese Judicial Review should be the European System or American System in recent years. According to the Taiwanese Constitution, the Judicial Yuan should own the competence of the Jurisdiction to the law suits and the Judicial Review. However, the Taiwanese Judicial Yuan just owns the Constitutional Interpretation Power and the Judicial Administration Power in practice. Due to the problem above mentioned, there was a Conference, which discussed the issues concerning with the Judicial Reform include the issue of the System of Judicial Yuan's Judicial Review, was held in July 1999. According to the Conclusion adopted in the Conference, the long- term goal of the Judicial Yuan's reform is to let the System of Judicial Yuan's Judicial Review turn from the European System to the American System gradually. So Author think that the experiences of Japanese Judicial Review and it's practical issues will can be the reference for Taiwan. In the thesis, Author will consider the System of Judicial Yuan's Judicial Review in Taiwan form the viewpoint of Comparative Law to compare with the System of Judicial Review between Taiwan to Japan.
2004-09-30