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

研究成果: 雜誌貢獻文章同行評審

摘要

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.

原文英語
頁(從 - 到)1115-1132
頁數18
期刊German Law Journal
22
發行號6
DOIs
出版狀態已發佈 - 九月 1 2021

ASJC Scopus subject areas

  • 法律

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