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Table of Contents
Intro; Preface; Contents; About the Editors; Introduction; 1 Introduction-An Overview; 1 The Story Begins with the Lifting of Martial Law in 1987; 2 Human Rights Transition from Broader Perspectives; 3 Institutional Setting and Voluntary Compliance with Human Rights Treaties; 4 Protection of Civil and Political Rights; 5 Protection of Economic, Social and Cultural Rights; 6 Protection of Specific/Vulnerable Groups; 2 Taiwan's Political-Legal Progress: Memories of the KMT Dictatorship; Abstract; 1 The First Visit; 2 An Exciting 1969 Visit; 3 Ted Kennedy and Taiwan Tensions of the 1970s
4 Annette Lu, Ma Ying-Jeou and the Assassination of Henry Liu5 Prosecution of the Assassins; Human Rights Transition from Broader Perspectives; 3 Asian Values, Confucian Tradition and Human Rights; Abstract; 1 Subjecting the Head of State to the Rule of Law; 2 The Rule of Li and the Rule of Law; 3 Law Means Penalties v. Judiciary Means Independence; 4 Education as a Government Function; 5 Transforming the Absolute-Power Relationship into Constitutional Relations; References
4 Human Rights and Transitional Justice: Taiwan's Adoption of the ICCPR and the Redress of 2/28 and Martial-Law-Era InjusticesAbstract; 1 Introduction; 2 Previous and Current Efforts to Seek Redress of the 2/28 Incident and Martial-Law Abuses; 3 The Implications of ICCPR Article 2(3) for Transitional Justice; 4 Taiwan, Going Forward: Retrospective Justice Without Penal Accountability; References; 5 The Battlefield of Transitional Justice in Taiwan: A Relational View; Abstract; 1 Introduction; 2 Background: Transition Without Justice; 3 Battlefield of State and Society
3.1 Preserving the Memory Sites: From Detention Centers to a National Human Rights Museum3.2 Mini-lustration: The Recommendation and Nomination of Justices; 4 Conclusion; References; 6 Frozen Trials: Political Victims and Their Quest for Justice; Abstract; 1 Introduction; 2 Institutional Background of Political Trials During the Cold War; 3 Constitutional Pathology of White Terror; 4 Transitional Justice Legislation and Its Constitutional Issues; 4.1 Underground Communist Members and Aboriginal Leaders; 4.2 Illegitimacy of the KMT Government and Its Laws
4.3 Act for Promoting Transitional Justice of 20175 Concluding Remarks; References; 7 Towards an Analytical Framework of Constitutionalism in East Asia: The Case of Taiwan; Abstract; 1 Towards a Typology of Constitutionalism in East Asia; 2 The Decline of Confucianism in Taiwan; 3 Normative Implications; 4 Conclusion; References; Institutional Setting and Voluntary Compliance of Human Rights Treaties; 8 A National Human Rights Commission for Taiwan?; Abstract; 1 Advocacy from Civil Society Organizations: A Simple Proposal
4 Annette Lu, Ma Ying-Jeou and the Assassination of Henry Liu5 Prosecution of the Assassins; Human Rights Transition from Broader Perspectives; 3 Asian Values, Confucian Tradition and Human Rights; Abstract; 1 Subjecting the Head of State to the Rule of Law; 2 The Rule of Li and the Rule of Law; 3 Law Means Penalties v. Judiciary Means Independence; 4 Education as a Government Function; 5 Transforming the Absolute-Power Relationship into Constitutional Relations; References
4 Human Rights and Transitional Justice: Taiwan's Adoption of the ICCPR and the Redress of 2/28 and Martial-Law-Era InjusticesAbstract; 1 Introduction; 2 Previous and Current Efforts to Seek Redress of the 2/28 Incident and Martial-Law Abuses; 3 The Implications of ICCPR Article 2(3) for Transitional Justice; 4 Taiwan, Going Forward: Retrospective Justice Without Penal Accountability; References; 5 The Battlefield of Transitional Justice in Taiwan: A Relational View; Abstract; 1 Introduction; 2 Background: Transition Without Justice; 3 Battlefield of State and Society
3.1 Preserving the Memory Sites: From Detention Centers to a National Human Rights Museum3.2 Mini-lustration: The Recommendation and Nomination of Justices; 4 Conclusion; References; 6 Frozen Trials: Political Victims and Their Quest for Justice; Abstract; 1 Introduction; 2 Institutional Background of Political Trials During the Cold War; 3 Constitutional Pathology of White Terror; 4 Transitional Justice Legislation and Its Constitutional Issues; 4.1 Underground Communist Members and Aboriginal Leaders; 4.2 Illegitimacy of the KMT Government and Its Laws
4.3 Act for Promoting Transitional Justice of 20175 Concluding Remarks; References; 7 Towards an Analytical Framework of Constitutionalism in East Asia: The Case of Taiwan; Abstract; 1 Towards a Typology of Constitutionalism in East Asia; 2 The Decline of Confucianism in Taiwan; 3 Normative Implications; 4 Conclusion; References; Institutional Setting and Voluntary Compliance of Human Rights Treaties; 8 A National Human Rights Commission for Taiwan?; Abstract; 1 Advocacy from Civil Society Organizations: A Simple Proposal