Published online by Cambridge University Press: 26 July 2022
Human dignity is not contained in the text of the 1947 Constitution of the Republic of China (Taiwan). It was not until early 90s that “dignity” was enacted in constitutional amendments, not as “human dignity” but as “dignity of women.” “Human dignity” entered into Taiwan’s constitutional jurisprudence through the Constitutional Court’s 1996 interpretation by enlarging the “women’s dignity” clause to include “human dignity.” And a generation of German trained legal scholars who formed a strong academic community aided rapid and extensive reception of the Constitutional Court’s interpretive move. In the following two decades, the Court has consolidated dignity as a fundamental constitutional value and has used it to serve four functions. The first is to add weight to the existing basic rights. The second is to ground unenumerated rights, such as right to privacy, right to reputation, and right of personality. The third is to entail inviolable core of basic rights not subject to balancing. The fourth is to balance constitutional duty and right. I also note that, after 2003, human dignity has increasingly been associated with the values of self-realization and self-fulfilment.
To save this book to your Kindle, first ensure email@example.com is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.