Abstract:

It has been said that constitutional court judges around the world increasingly participate in a "global judicial dialogue" that causes judges to make increased use of foreign law.  This is a dialogue, however, from which the members of the Taiwanese Constitutional Court are largely excluded.  Taiwan’s precarious diplomatic situation and intense lobbying by China have effectively prevented the members of Taiwan's Constitutional Court from participating in international judicial gatherings and official visits to foreign courts. Nevertheless, the Taiwanese Constitutional Court routinely engages in extensive consideration of foreign law, either expressly or implicitly, when deciding cases.  This fact casts doubt on the notion that "global judicial dialogue" explains judicial use of foreign law.  Comparison of the Taiwanese Constitutional Court and U.S. Supreme Court demonstrates that “global judicial dialogue” plays a much smaller role in shaping a court’s utilization of foreign law than institutional factors such as (a) the rules and practices governing the composition and staffing of the court and (b) the extent to which the structure of legal education and the legal profession incentivizes judges and academics to possess expertise in foreign law.

Speaker Bio:

David Law is Professor of Law and Professor of Political Science at Washington University in St. Louis and Visiting Professor at Georgetown University Law Center. He works in the areas of law and political science, public law, judicial behavior, comparative constitutional law, and comparative judicial politics. Born and raised in Canada, he holds a Ph.D. in political science from Stanford, a B.C.L. in European and Comparative Law from the University of Oxford, and a J.D. from Harvard Law School. He has previously taught at the University of San Diego School of Law and the University of California, San Diego political science department and has been a visiting professor at the National Taiwan University College of Law, Seoul National University School of Law, and Keio University Faculty of Law in Tokyo, and a visiting scholar at the NYU School of Law. His current research focuses on the identification, explanation, and prediction of global patterns in constitutional law, and his recent scholarship on constitutional globalization and the declining influence of the U.S. Constitution has been featured in a variety of domestic and international media.

Abstract:

In light of the Kuomintang’s (KMT) electoral resurgence in Taiwan, it is well worth reconsidering the election that initiated its time out of power. In this talk, I draw on comparative evidence to challenge two narratives about the 2000 presidential election: one emphasizing the KMT’s declining resource advantages as the primary cause of its defeat, and the other placing the blame on personality conflicts within the party or on other idiosyncratic factors unique to Taiwanese politics. Instead, the KMT’s defeat had much to do with the simple fact that presidential elections are higher-variance than parliamentary ones. Thus, we should not be surprised either that the KMT lost or that it has subsequently returned to a position nearly as dominant as it was in prior to 2000.

Speaker Bio:

Kharis Templeman received a BA (2002) from the University of Rochester and a Ph.D. in political science (2012) from the University of Michigan. For the 2012-13 academic year he is a post-doctoral Research Fellow at the Weiser Center for Emerging Democracies at the University of Michigan’s International Institute. A fluent Mandarin speaker, he has lived, worked, and traveled extensively in both Taiwan and the People’s Republic of China. His dissertation is a comparative study of the origins and decline of dominant party systems, in which incumbent parties hold power for an extraordinary period of time despite facing regularly, contested elections. 

Current interests include democratization, party system development in newly-contested regimes, and political institutions, with a regional focus on the new and transitioning democracies of Pacific Asia. He is also engaged in collaborative research on constitutional design for divided societies, on the effects of regime change on how client states manage the arms-allies trade-off, and as a regional manager for the Varieties of Democracy project.

In addition, he has taught a wide array of courses while at Michigan, ranging from an introduction to college writing to a senior seminar in the International and Comparative Studies program; in 2010, he won the political science department’s Kingdon teaching award for outstanding graduate student instructor.   

In Singapore the People’s Action Party has held power continuously since 1959, having won 13 more or less constrained legislative elections in a row over more than half a century. In Malaysia the Alliance Party and its heir, the National Front, have done nearly as well, racking up a dozen such victories over the same 54-year stretch. These records of unbroken incumbency were built by combining rapid economic growth with varying degrees and types of political manipulation, cooptation, and control. 

In both countries, as living standards improved, most people were content to live their lives quietly and to leave politics to the ruling elite. In the last decade, however, quiescence has given way to questioning, apathy to activism, due to policy missteps by the ruling parties, the rise of credible opposition candidates, increasing economic inequality, and the internet-driven expansion of venues for dissent. 

As the ground appears to shift beneath them, how are the rulers responding? Will their top-down politics survive? How (un)persuasive have official warnings against chaotically liberal democracy become? Are ethno-religious and even national identities at stake? Are comforting but slanted historical narratives being rethought? And how principled or opportunistic are the agents of would-be bottom-up change? 

Sudhir Thomas Vadaketh is the author most recently of Floating on a Malayan Breeze:  Travels in Malaysia and Singapore (2012) and The End of Identity? (2012). Before joining The Economist Group in Singapore in 2006 he was a policy analyst on foreign investment for the government of Dubai. He has written for many publications, including The Economist, ViewsWire, and The Straits Times, and been widely interviewed by the BBC and other media. He earned a master’s degree in public policy from the Kennedy School (Harvard, 2005) after receiving bachelor degrees in Southeast Asian studies and business administration (UC-Berkeley, 2002). His service in the Singapore Armed Forces in the late 1990s took him to Thailand, Taiwan, and Australia.

Early returns suggest that it may not be business as usual in state-society relations, with the Party-state being compelled to respond to an increasingly discontented and vocal society, and that a partial loosening of the tight censorship in media and culture may also be forthcoming. Indicators include changes in CCTV programming—e.g., a more interesting evening news report and the broadcast of the previously banned film V for Vendetta—media coverage of sensitive issues ranging from air pollution to the work of rights lawyers, and the relatively “enlightened” resolution of the Southern Weekend crisis, among other recent developments. What are we to make of these changes and, more importantly, how have these changes been received within China, for example on the ubiquitous and increasingly important Chinese microblogs?

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Stanley Rosen is a professor of political science at USC specializing in Chinese politics and society and was the director of the East Asian Studies Center at USC’s Dornsife College of Letters, Arts and Sciences from 2005–2011. He studied Chinese in Taiwan and Hong Kong and has traveled to mainland China over 40 times over the last 30 years. His courses range from Chinese politics and Chinese film to political change in Asia, East Asian societies, comparative politics theory, and politics and film in comparative perspective. The author or editor of eight books and many articles, he has written on such topics as the Cultural Revolution, the Chinese legal system, public opinion, youth, gender, human rights, and film and the media. He is the co-editor of Chinese Education and Society and a frequent guest editor of other translation journals. His most recent books include Chinese Politics: State, Society and the Market [Routledge, 2010 (co-edited with Peter Hays Gries)] and Art, Politics and Commerce in Chinese Cinema [Hong Kong University Press, 2010 (co-edited with Ying Zhu)]. Other ongoing projects include a study of the changing attitudes and behavior of Chinese youth, and a study of Hollywood films in China and the prospects for Chinese films on the international market, particularly in the United States.

In addition to his academic activities at USC, Professor Rosen has escorted eleven delegations to China for the National Committee on U.S.-China Relations (including American university presidents, professional associations, and Fulbright groups), and consulted for the World Bank, the Ford Foundation, the United States Information Agency, the Los Angeles Public Defenders Office and a number of private corporations, film companies, law firms and U.S. government agencies.

The road to the 18th Party Congress was contentious, leading to its delayed convocation. Nevertheless, the processes of generational turnover in China’s leadership at the Chinese Communist Party’s 18th National Congress extended patterns of formal politics that trace their roots to Deng Xiaoping’s political reforms of the 1980s, that advanced in the Jiang Zemin era in the 1990s, and that matured under outgoing General Secretary Hu Jintao in the 2000s.  As such, the transition in the party leadership at the 18th Congress marked another step forward in the institutionalization of Chinese leadership politics.

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Alice Lyman Miller is a research fellow at the Hoover Institution and teaches in the Departments of History and Political Science at Stanford. She is also a senior lecturer in the Department of National Security Affairs at the U.S. Naval Postgraduate School in Monterey, California.

Prior to coming to Stanford in 1999, Miller taught at the School of Advanced International Studies (SAIS) at Johns Hopkins University in Washington, D.C. from 1980–2000. From 1974–90, Miller worked in the Central Intelligence Agency as a senior analyst in Chinese foreign policy and domestic politics, and branch and division chief, supervising analysis on China, North Korea, Indochina, and Soviet policy in East Asia. Miller has lived and worked in Taiwan, Japan, and the PRC, and she speaks Mandarin Chinese.

Miller's research focuses on foreign policy and domestic politics issues in China and on the international relations of East Asia. She is editor and contributor to the Hoover Institution’s China Leadership Monitor, which has since 2001 offered online authoritative assessments of trends in Chinese leadership politics to American policymakers and the general public. Miller has published extensively on policy issues dealing with China, including several articles and book chapters, as well as two books: Science and Dissent in Post-Mao China: The Politics of Knowledge (University of Washington Press, 1996), and, with Richard Wich, Becoming Asia: Change and Continuity in Asian International Relations Since World War II (Stanford University Press, 2011). She is currently working on a new book, tentatively entitled The Evolution of Chinese Grand Strategy, 1550–Present, that brings a historical perspective to bear on China's rise in the contemporary international order.

Miller graduated from Princeton University in 1966, receiving a B.A. in Oriental Studies. She earned an M.A. and a Ph.D. in history from George Washington University in 1969 and 1974.  Formerly H. Lyman Miller, she transitioned in 2006.

Bruce Gilley is an Associate Professor of Political Science in the Mark O. Hatfield School of Government at Portland State University. His research centers on comparative and international politics, and he is a specialist on the politics of China and Asia. He is the author of four university-press books, including China’s Democratic Future (2004) and co-editor of several volumes including Political Change in China: Comparisons with Taiwan (co-edited with Larry Diamond) (2008) and the forthcoming Reshaping China: Why Middle Powers Matter (with Andrew O’Neil). His article “Not So Dire Straits: How the Finlandization of Taiwan Benefits U.S. Security” appeared in Foreign Affairs in 2010. He holds a PhD from Princeton University and an M.Phil. from the University of Oxford.