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11 NTU L. Rev. 273 (2016)
The Constitutionalization of Taiwanese Family Law

handle is hein.journals/ntulr11 and id is 274 raw text is: Article The Constitutionalization of Taiwanese Family Law Li-Ju Lee ABSTRACT Family law has long been categorized as a special field of law for it regulates the construction and operation offamily, where has been identified as an altruistic, affective, and morally saturated social and legal sphere, opposite to the market or other parts of the civil society. However, the unique status of family law does not keep it out of the constitutional order or prevent it from the appealing ideas of individual rights, freedom, and equality. In Taiwan, the Constitutional Court has issued a series of rulings declaring that family was one constitutionally protected institution and the individual rights protection as well as the principle of gender equality should be applied to family law. In addition, the Court has recognized a growing group offundamental rights related to family and marriage, including right to marry, right to have a family, and children s rights to know their parents. The Constitutional Court s Interpretations have a great influence on Taiwanese family law development since the 1990s. This article intends to explore the relationship between the development of constitutionalism and family law in Taiwan as well as how and to what extent the Constitutional Court rulings have changed family law and the related legal/social discourses. Furthermore, this article discusses the implications of the constitutionalization offamily law and the challenges to both the Constitution and family law in the future. Keywords: Constitutionalization, Taiwanese Family Law, Gender Equality, Right to Marry, Taiwanese Constitutional Court DOI : 10.3966/181263242016091102002 • Associate Professor, School of Law, Department of Financial & Economic Law, Chung-Yuan Christian University. J.S.D., Stanford Law School. The author appreciates two reviewers for instructive comments, and thanks Yi-Fan Chung for valuable research assistance.

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