ABSTRACT

This chapter analyses the ways that Taiwanese courts strategically resolved presidential election disputes. Against the backdrop of contentious politics, the authors argue that judicial deference to the decisions of the election commission and the results of presidential elections is critical to the development of Taiwan’s democratic politics and the maintenance of judicial integrity. Additionally, the authors also argue that the courts intentionally avoid intervening in criminal defamation disputes to prevent political retaliation between rivalling opponents. At the same time, however, in civil defamation suits, the courts are more willing to uphold the claimants’ right to reputation.