Skip to main content

Interplay Between Judicial Review and Bureaucratic Discretion, Taiwan

  • Living reference work entry
  • First Online:
  • 65 Accesses

Synonyms

Administrative state; Bureaucracy with autocratic history; Judicial-administrative relationship

Definitions

The interplay between judiciary and administration in Taiwan is deeply affected by its autocratic history, which makes the judicial-administrative relationship in Taiwan a different story from that in the States.

Introduction

The administrative development process in the United States is very different from that of most countries in the world. The US administration was developed through a “chinking in” process, which means it was developed incrementally as the need for administrative service in the society was created. Most countries in the world, such as those in Europe and Asia, developed their administrative system as empires. Taiwan, for example, inherited its administrative system from ancient China, whose legislative and judiciary power were both controlled by the administrative system. The system was maintained when Taiwan initiated a democratic transition in the...

This is a preview of subscription content, log in via an institution.

References

  • Carpenter D (2001) The forging of bureaucratic autonomy. Princeton University Press, Princeton

    Google Scholar 

  • Chen D-Y (2012) Democratic governance: an institutional reconciliation of public administration and democracy. Wunan, Taipei. (in Chinese)

    Google Scholar 

  • Ginsburg T (2002) Confucian constitutionalism? The emergence of constitutional review in Korea and Taiwan. Law Soc Inq 27(4):763–799

    Article  Google Scholar 

  • Helco H (1975) OMB and the presidency – the problem of “Neutral competence”. Public Interest 38(Winter): 80–98

    Google Scholar 

  • Lin Y-C (2009) The impossibility of legal constraint on bureaucratic discretion: a case study of supreme court rulings. (Master), National Chengchi University, Taipei. (in Chinese)

    Google Scholar 

  • Luor C-J, Chang W-P (2008) Distributive behaviors of legislators in Taiwan: the influence of industry in electoral division and industrial background of legislators. Taiwan J Polit Sci 35:47–94. (in Chinese)

    Google Scholar 

  • O’Leary R, Wise CR (1991) Public managers, judges, and legislators: redefining the “New partnership”. Public Adm Rev 51(4):316–327

    Article  Google Scholar 

  • Stillman RJ (1999) Preface to public administration: a search for themes and direction. Chatelaine Press, Burke

    Google Scholar 

  • Tang C-P, Huang H-S (2008) Democratization and the independence of judiciary in Taiwan. Taiwan Polit Sci Rev 12(2):67–113. (in Chinese)

    Google Scholar 

  • Waldo D (1948) The administrative state. The Ronald Press Company, New York

    Google Scholar 

  • Wang C-S (2008) Judicial independence and democratic accountability. Taiwan Polit Sci Rev 12(2):115–164. (in Chinese)

    Google Scholar 

  • Wang H-H (2017) Policy innovation and the role of the bureaucracy: an analysis of the governing disability of Taiwan after the end of martial law. J Civil Serv 9(3):27–64. (in Chinese)

    Google Scholar 

  • Weber M (2009) The theory of social and economic organization. Free Press, New York

    Google Scholar 

  • Weng Y-S (2004) Study of the effectiveness of interpretation of the grand council of justice. In: Wu G (ed) Public law and political theories. Angle.com. (in Chinese), Taipei, Taiwan

  • Yeh J-R, Chan g-C (2002) Transitional court and the rule of law: on judicial activism of the supreme administrative court in reviewing administrative rules. J Soc Sci Philos 14(4):515–559. (in Chinese)

    Google Scholar 

Download references

Author information

Authors and Affiliations

Authors

Corresponding author

Correspondence to Yu-Chun Lin .

Editor information

Editors and Affiliations

Rights and permissions

Reprints and permissions

Copyright information

© 2018 Springer Nature Switzerland AG

About this entry

Check for updates. Verify currency and authenticity via CrossMark

Cite this entry

Lin, YC., Chen, DY. (2018). Interplay Between Judicial Review and Bureaucratic Discretion, Taiwan. In: Farazmand, A. (eds) Global Encyclopedia of Public Administration, Public Policy, and Governance. Springer, Cham. https://doi.org/10.1007/978-3-319-31816-5_3600-1

Download citation

  • DOI: https://doi.org/10.1007/978-3-319-31816-5_3600-1

  • Received:

  • Accepted:

  • Published:

  • Publisher Name: Springer, Cham

  • Print ISBN: 978-3-319-31816-5

  • Online ISBN: 978-3-319-31816-5

  • eBook Packages: Springer Reference Economics and FinanceReference Module Humanities and Social SciencesReference Module Business, Economics and Social Sciences

Publish with us

Policies and ethics