The Role of Judicial Remedy in the Fight for Same-sex Marriage in Taiwan A Case Study of the Constitutional Interpretation of Same-sex Marriage in Taiwan

Abstract

This paper determines the constitutionality of same-sex marriage in Taiwan from the perspective of constitutional human rights. Then, according to the types and institutional basis of Taiwan's judicial remedy, it further demonstrates the reasons why judicial remedy can promote the legalization of same-sex marriage. This article uses comparative analysis to elaborate the unique role of judicial remedy in the process of equality of same-sex marriage in Taiwan compared with legislative remedy and administrative remedy. Finally, it explains that the victory of equality in samesex marriage in Taiwan benefits from Taiwan's democratic and equal judicial remedy system. The success of legalization of same-sex marriage in Taiwan has made people realize the important role of judicial remedy system in the development of social legislation and the protection of human rights. Keywords—same-sex marriage; judicial remedy; constitutional interpretation; judicial proceedings