The legal complex fractured: Legal professional coalition and collision in Taiwan's judicial reform

被引:0
|
作者
Hsu, Ching-Fang [1 ]
机构
[1] Minist Sci & Technol, Res Inst Humanities & Social Sci RIHSS, 9th Floor,97 Roosevelt Rd, Taipei 100, Taiwan
关键词
LAWYERS MOVEMENT; MOBILIZATION; AUTONOMY; POLITICS; JUDGES;
D O I
10.1111/lapo.12171
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Sociolegal studies have identified a collectivity of legal actors-the legal complex-and its association with political liberalism in varying power settings. However, little attention has been paid to how such a collectivity evolves with regime change, or if and when such a collectivity might dissolve. Studying the case of Taiwan, this article demonstrates how various legal professions-lawyers, judges, and prosecutors-unite and divide during and after state transition. Democratization had an unsettling effect that brought out the internal dynamics of the legal professions, which initially aligned with one another to defend judicial autonomy from authoritarian control, but then confronted one another in judicial policy making during democratic times. Each legal profession bases its policy orientations on a normative commitment, which leads to three lines of confrontation: the ways in which the judiciary is held accountable, the extent to which the procuracy enjoys investigative power, and the institutional division between the judiciary and procuracy.
引用
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页码:262 / 284
页数:23
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