Competition and Collaboration: Constitutional Review by Multiple Final Courts

Wen-Chen Chang, Yi Li Lee

研究成果: Paper同行評審

摘要

This chapter examines the dynamics of having a constitutional court separate from the ordinary appellate structure of a court system, using South Korea and Taiwan as comparative case studies. The authors open by examining the differences that choices of institutional design, appointment mechanisms, and contextual dynamics make in the development of systems of constitutional review. They find that notwithstanding a clear jurisdictional distinction, tension nevertheless emerges between the Constitutional Court and the Supreme Court in South Korea, whereas in Taiwan, where there is not a clear division of jurisdiction, the Constitutional Court, Supreme Court, and Supreme Administrative Court have collaborated. This chapter concludes by suggesting that institutional design, appointment mechanisms and contextual dynamics are the key to explaining the competitive or collaborative power configurations among multiple top courts.

原文American English
出版狀態Published - 7 10月 2016
事件the Conference on Comparative Judicial Review - Chicago, United States
持續時間: 7 10月 20168 10月 2016

Conference

Conferencethe Conference on Comparative Judicial Review
國家/地區United States
城市Chicago
期間7/10/168/10/16

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