7
A decade of changing constitutionalism in Taiwan
Transitional and transnational perspectives
Jiunn-rong Yeh and Wen-Chen Chang
i. introduction
As constitutionalism has swept the world since the late 1980 s, the understanding of
constitutionalism, particularly of the functions of constitutions, has substantially
changed. Elsewhere we have identified these changed features and functions of
constitutionalism as transitional and transnational constitutionalism.^1 Like us, the
majority of constitutional scholars have pointed to these profound changes of
constitutionalism and concluded that the waves of democratic transition demon-
strated most recently by the Arab Spring and the globalization that began with trade
and extended beyond served as the two driving forces.^2 In transitional constitution-
alism, the functions of constitutions have extended from merely restraining govern-
ment powers to providing guidance for institutional reforms.
3
In transnational
constitutionalism, international norms have crossed sovereign boundaries and
(^1) Jiunn-rong Yeh and Wen-Chen Chang, “The changing landscape of modern constitution-
alism: transitional perspective” ( 2009 ) 4 ( 1 )National Taiwan University Law Review 145
(discussing the features, perspectives, functions, characteristics, and challenges of transi-
tional constitutionalism); Jiunn-rong Yeh and Wen-Chen Chang, “The emergence of
transnational constitutionalism: its features, challenges and solutions” ( 2008 ) 27 Penn State
International Law Review 89 (discussing the features, perspectives, functions, characteris-
tics, and challenges of transnational constitutionalism).
(^2) E.g. Ruti Teitel, “Transitional jurisprudence: the role of law in political transformation”
( 1997 ) 106 Yale Law Journal 2009 (conceiving of jurisprudence as transitional helps to
elucidate the nature and role of law during periods of radical political change); Nicholas
Tsagourias (ed.),Transnational Constitutionalism: International and European Perspectives
(Cambridge: Cambridge University Press, 2007 ); Petera Dobner and Martin Loughlin
(eds.),The Twilight of Constitutionalism?(Oxford: Oxford. University Press, 2010 ) (explor-
ing how traditional constitutionalism has been challenged by political realities that place
substantial power beyond the state); Vicki C. Jackson,Constitutional Engagement in a
Transnational Era(Oxford: Oxford University Press, 2010 ) (discussing how constitutional-
ism in terms of both values and institutions has been developed beyond states).
(^3) Yeh and Chang, “The changing landscape,” 145.