The paths of constitutional reform and democratization in Taiwan and South Korea paralleled as well as diverged from each other. The difference has a huge impact upon their policies and legal strategy toward transitional justice. Constitution in post-authoritarian Taiwan failed to form a new political identity against past atrocity. Even though the Constitutional Court has made effort to instill theoretical bases to redress unfair criminal treatment of political activists, these rulings simply reaffirm the untouchable issue of political legitimacy enshrined in the 1947 Constitution of the Republic of China. The KMT simply passed legislation to award monetary compensation for political victims under martial law. However, Korea has actively investigated at least two political incidents. The case of Taiwan illustrates an outdated constitution not only cannot provide a sound foundation for transitional justice but also fails to facilitate political communication within a growing democracy.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand.Call For Papers and Panels