The Rise of Judicial Politics in Taiwan





Published date: 

June, 2012


Chin-shou Wang


This paper will point out that the rise of judicial politics is a new phenomenon in Taiwan. However, unlike law scholars who characterize Taiwan’s Constitutional Court justices as Taiwan’s top constitutional reformers, I will contend that the rise of judicial politics is attributable mostly to the judicial reform led by young judges and prosecutors from the bottom of the judicial hierarchy. The main types of judicial politics include investigation on politician’s corruption and vote-buying activities, rampant electoral disputation, and politicians’ use of the law as a political weapon. Two main conditions promoted the rise of judicial politics in Taiwan: one was the judicial-independence reforms pursued by young reform-minded judges and prosecutors; the other was the deficiency of Taiwanese politics, including rampant clientelism and rampant disputations of elections.