ABSTRACT

Constitutional change in Taiwan has occurred in tandem with a fascinating process of democratic transformation. Often, constitutionalism is viewed from the perspective of the constitution and the adjudications of a supreme court or constitutional court, and how they construct or understand the constitution in a rights-based or power-centric disposition. This chapter expresses that the Sunflower Movement is not the downfall of Taiwan's maturing democracy nor is it a threat to the embraced values of liberal constitutionalism. The idea of finding a civic role in constitutional founding, interpretation, or dialectic engagement is not innovative and, in fact, has been argued in different social contexts and in different terms. The journey of Taiwan's constitutional development has been characterised by the historical legacies of foreign occupations and colonisation, externally imposed constitutions, constitutional manipulation and authoritarian governance, and, finally, the incremental constitutional indigenisation and democratic reforms.