The rise of technocracy and the covid-19 pandemic in taiwan: Courts, human rights, and the protection of vulnerable populations

Lee, Tsung Ling (2021) The rise of technocracy and the covid-19 pandemic in taiwan: Courts, human rights, and the protection of vulnerable populations. German Law Journal, 22 (6). pp. 1115-1132. ISSN 20718322

Abstract

Driven by the need to address the immediate public health threats of the COVID-19 pandemic, this has seen a rise of the technocratic mode of governance around the world. A technocratic approach is evidence-based and relies upon the guidance of experts to respond to the public health crisis. The rise of technocracy reflects a utilitarian calculus that seeks to preserve the greater good. Taiwan's pandemic response exemplifies the strengths and weaknesses of this type of governance. Based on an analysis of the relevant case law of the Taiwan Constitutional Court, legislation, and political developments this Article takes a legal-historical look and traces the current technocratic approach - defined for this Article as an experts-driven and procedural-driven process - which is a hallmark of Taiwan's pandemic response. Examining Taiwan's pandemic response through a human rights lens sheds light on a more complex relationship between the collective right to health and life, and the individual rights to health, work, privacy, and liberty during the pandemic.

Item Type:	Article
Identification Number:	10.1017/glj.2021.49
Uncontrolled Keywords:	Constitutional court,Covid-19 pandemic,Human rights,Technocracy,Vulnerable populations
Depositing User:	Unnamed user with email dini@ub.ac.id
Date Deposited:	10 Jun 2024 02:48
Last Modified:	10 Jun 2024 02:48
URI:	http://repository.ub.ac.id/id/eprint/220596

Text The_Rise_of_Technocracy_and_the_COVID-19_Pandemic_in_Taiwan_Courts_Human_Rights_and_the_Protection_o.pdf Download (289kB)

Actions (login required)

View Item