Adoption and Further Development of the Concept of Militant Democracy in Taiwan-Presented as an Example of the Ban on Parties and Organizations

Abstract

Nowadays in Taiwan, both the political party and the association will be seen as unconstitutional and thus disbanded, if its goals, purposes or activities endanger the continued existence of the Republic of China or its liberal-democratic constitution. It's an adoption of the German-style militant democracy either by the legislator or by the Justices. It seems that this institution has become a law only written on paper for a long time. Yet this adoption does not loose its legitimacy as far as it is still able to carry out its function to either protect the liberal-democratic constitution against possibly appearing anti-democratic political parties, or to protect the continued existence of the Republic of China against those political parties, whose purpose is to join with the Peoples’ Republic of China by abandoning and relinquishing the sovereignty of the Republic of China.