Discussion on the legitimacy source of Court Judge in Taiwan
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This document discusses the legitimacy of the judicial system in Taiwan. It examines examples of judicial systems in other countries like Germany, Italy, Japan, the US, France, and South Korea. It also analyzes the democratic legitimacy of the justice system through the lens of public choice theory. The document considers how external costs and decision-making costs impact individuals' willingness to participate in collective decision-making and influence the choice of constitutional rules. It ultimately aims to determine a framework that balances democratic legitimacy while also protecting minority interests.
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Discussion on the legitimacy source of Court Judge in Taiwan
- 1. Report on Judicial SystemDiscussion on the Legitimacy Source of Court Judge in TaiwanSenior, Dep. Of Law, NTUB95A01150 Chia-ching Chen
- 2. OutlineOrigin of this reportProposition of the QuestionDefinition, Issue and LimitationExamples in foreign countriesGermany, Italy, Japan, USA, France and KoreaDemocratic Legitimacyof JusticeExamination from Public Choice TheoryConclusion
- 3. omnisanima potestatibussublimioribussubdita sit non estenimpotestas nisi a Deo quae autemsunt a Deoordinataesunt£ APOSTOLI AD ROMANOS EPISTULA SANCTI PAULI 13:1
- 4. Origin of this report2007 .7th Resolution of Criminal Court in Supreme Court. ¡°the Expectation of People¡±Different from Legislature & ExecutionConstitution Art. 80: Independent to judge? DEMOCRATIC LETIGIMACYv.IMPARTIAL JUST
- 5. Proposition of the Question
- 6. Definition of some terms:
- 7. Examples in foreign countries
- 11. Examination from Public Choice Theory
- 12. ExternalCost?In any case, participation in collective activity is costly to the individual, and the rational man will take this fact into account at the stage of constitutional choice.
- 13. DecisionMakingCostAt the lower levels there is apt to be little real bargaining.As unanimity is approached, individual investment in strategic bargaining becomes highly rational, and the costs imposed by such bargaining are likely to be high.
- 14. TotalCostthe individual will choose the rule which requires that K/N of the group agree when collective decisions are made
- 15. When it comes to Constitution¡
- 16. The upper curve, that of external costs, remains relatively high throughout its range over the various decision-making rules until it bends sharply toward the abscissa when near-unanimity becomes the rule. ? More fear on the result of the decisionThe lower curve, that of decision-making costs, may not, in such circumstances, be a factor at all.?? More willing to take collective action
- 17. More External Cost, Less Decision Making Cost Not just Counter-Majority,But also Including More Minority
- 18. Conclusion