Standards of Judicial Review on Laws Restincting Human Rights by the U.S. Supreme Court and the R.O.C. Justice Meeting -A Comparison of Theories and Practice

Author: Yee-Ching Lee(Lecture, Department of Civic Education, National Taiwan Normal University)

Abstract：

The Chinese Constitution gurantees the people numerous fundamental human rights, which are listed in Chapter 2 of the Constitution. The 23th Clause of it mandates that no law shall be made to abridge these rights except for the necessi-ty of such important govermental rights such as protecting freedom of other peo-ple, preventing clear and present danger, keeping societal order or promoting pub-lic welfare. Standards of judicial review are not clearly articulated in opinion is-sued by the Justice Meeting. Whereas, Standards developed by the U.S. Supreme Courts has been clearly articulated in cases finding laws unconstitutional. The theories and methodology behind them may offer some insight into probable ways of the Chinese judicial review's development.

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