Serial Number
95027
Course Number
PS1032
Course Identifier
302 24420
- Class 04
- 2 Credits
Compulsory
DEPARTMENT OF POLITICAL SCIENCE, INTERNATIONAL RELATIONS DIVISION
DEPARTMENT OF POLITICAL SCIENCE, INTERNATIONAL RELATIONS DIVISION
Compulsory- NIEN TSU LI
- View Courses Offered by Instructor
COLLEGE OF SOCIAL SCIENCES DEPARTMENT OF POLITICAL SCIENCE
- Thu 8, 9
社科研607
Type 2
25 Student Quota
NTU 25
No Specialization Program
- English
- NTU COOL
- Core Capabilities and Curriculum Planning
- NotesNot open in course pre-registration period。 The course is conducted in English。Students in English-Taught Program in Department of Political Science have priority in taking this course.
- Limits on Course Adding / Dropping
Restriction: within this department (including students taking minor and dual degree program)
NTU Enrollment Status
Enrolled0/25Other Depts0/0Remaining0Registered0- Course DescriptionThis is a course to study the constitutional law and learn about how a government has been structured and operates under a written constitution in Taiwan, to a level that is well above layperson but below expert, for first-year college students in a newly visited jurisdiction, from a cultural development perspective. The first half of the two-semester course is to understand the constitutional framework of the Taiwan government. The second half will focus on its performance in terms of human rights since the promulgation of the Constitution of the Republic of China in 1947.
- Course ObjectiveTo understand what constitution and constitutionalism mean, and their importance to the study of political science; to understand the history, the framework and the content of the Constitution and development of constitutionalism in Taiwan under it; to understand the basic structure, among different government models, of the government that is formed and that operates under the Constitution as a democratic republic in Taiwan; to understand the meaning of rule of law, separation of power, judicial review and human rights, and their cultural bearings in Taiwan as well as in the development of the contemporary world; and to understand, most importantly, what the limits on government powers are.
- Course RequirementStudents will be required to attend all classes, read the required course materials, submit discussion questions when assigned, participate in class discussions, and hand in a final paper.
- Expected weekly study hours after classTwo to four hours per week.
- Office Hour
- Designated ReadingJohn Franklin Copper's book, Taiwan: Nation-State or Province? (Routledge: New York, 7th edition, 2020) will provide students with the basic background knowledge of Taiwan needed for this course, in particular, its history and political system. The ebook is accessible online at NTU Library. Students are highly recommended to read the book before starting class; reading of chapters 1, 2 and 4 is required. Please refer to the reading list for other materials posted on the NTU cool. Among them, the text of the Republic of China Constitution and its amendments, as well as the data bank of Judicial Yuan interpretations and Constitutional Court judgments, are raw materials that will often be referenced and discussed in class.
- References待補
- Grading
- Adjustment methods for students
Adjustment Method Description Teaching methods Provide students with flexible ways of attending courses
Assignment submission methods Mutual agreement to present in other ways between students and instructors
Exam methods Written (oral) reports replace exams
Others Negotiated by both teachers and students
- Course Schedule
Week 1 As Professor Li is out of town this week, class will start in Week 2 (please still come to the classroom on 20 February). Further arrangements will be made during the semester to make up for his absence. The tentative plan is that from Week 3 through Week 6, the class will last for an additional 30 minutes and end at 18:00. On 20 February, please meet in the classroom to see Tony Yang. Tony will give an overview of the course and help regroup students into six subgroups of three to four persons each. In Week 2, Group A is expected to make a 10 minutes class presentation over the topic of the meanings of the Bill of Attainder and ex post facto law, Group B's presentation will be on JYI 54 and JYI 793; and Group C on JYI 499. Week 2 Legislative power; law making; no bill of attainder; JYI 793; no ex post facto law; JYI 54; fiscal budget control of law; consent to (or dissent from) key positions nominated by the President; proposal for Constitutional Law amendment; is any part of the Constitution unalterable? JYI 499. Week 3 Parliamentary system; presidential system; semi-presidential system; what makes up the Taiwan five-power system? Week 4 JYI 627; United States v. Nixon, 418 U.S. 683 (1974); Trump v. United States (2024); the scope of presidential immunity; the king can do no wrong? Week 5 Judicial independence and stare decisis; judicial review; JYI 9; JYI 371; Marbury v. Madison, 5 U.S. 137 (1803); are Grand Justices the exclusive interpreters of the Constitution, or simply the final arbiter of constitutional cases and controversies? Week 6 What is a court? The structure of the judicial system in Taiwan; the functions of Grand Justices and the Constitutional Court; JYI 86; JYI 392; norm control (abstract review) plus remedying individual human rights? The counter-majoritarian difficulties; JYI 177; JYI 185; JYI 601. Week 7 National Holiday observed. Week 8 JYI 387; JYI 419; JYI 470; JYI 541; is there a checks-and-balances relation between the President and the Prime Minister? Emergency powers; is Article 43/Additional Article 2, Section 3 relevant? Week 9 National policies; binding or non-binding provisions; land ownership; socialist economy or free market economy; national health insurance as a mechanism of social insurance system, or just another tax? JYI 472; JYI 568; National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012). Week 10 International law and constitutional law; is international law a binding law in Taiwan? Article 141 of the Taiwan Constitution; the Universal Declaration of Human Rights (UDHR); ICCPR; ICESCR; JYI 329; JYI 549; JYI 708; is international law not a real law? Week 11 Article 23 of the Taiwan Constitution as the key to human rights protection; the doctrine of proportionality; a constraint upon government power over human rights; levels of judicial scrutiny; JYI 649. Week 12 Right to live (the right to life?); JYI 263; JYI 476; TCC Judgment 113-Hsien-Pan-8. Week 13 Personal rights; right to privacy; unenumerated rights; JYI 603; JYI 631; JYI 748; JYI 791; 111-Hsien-Pan-19. Week 14 Freedom of speech; on defamation law; JYI 509; TCC Judgment 112-Hsien-Pan-8; on pornography; JYI 407; JYI 617; JYI 623; on court-ordered apology; freedom of conscience; JYI 656; TCC Judgment 111-Hsien-Pan-2. Week 15 Final presentations. Week 16 Final presentations.