Case Study Taiwan

This case study analyzes equal protection in Taiwan from both the statutory and jurisdictional perspectives. First, it provides a brief introduction of the history of Article 7 – the general equal protection clause of the Taiwan Constitution. After summarizing the two dominant strands of the academic discourse, an empirical analysis reveals that the jurisdictional understanding of Article 7. This can be chronologically divided into three stages, in which the Taiwan Constitutional Court gradually moves from the formal to the substantive approach, from the reasonableness test to the proportionality test. It currently develops a merged approach of constitutional review, which combines the thoughts of proportionality and tiered judicial scrutiny.