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W(h)ither the idea of publicness? Besieged democratic legitimacy under the extraconstitutional hybrid regulation across the Taiwan strait
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Kuo, Ming-Sung (2011) W(h)ither the idea of publicness? Besieged democratic legitimacy under the extraconstitutional hybrid regulation across the Taiwan strait. University of Pennsylvania East Asia Law Review, 7 . pp. 221-255.
Research output not available from this repository, contact author.Abstract
Hybrid regulatory bodies have been credited for functioning as an
institutional bypass around the bureaucratic procedures and
providing expedient responses to the changing needs of
administrative governance. As hybrid regulatory bodies are utilized
in transnational regulation, however, concerns have arisen over the
lack of transparency and the evasion of accountability in the face of
their informality and flexibility. This article aims to explore the
issues surrounding the democratic legitimacy of transnational
hybrid administration through a case study of the Cross-Straits
Economic Cooperation Committee (CSECC) provided in the
Economic Cooperation Framework Agreement between the Straits
Exchange Foundation and the Association for Relations Across the
Taiwan Straits, two private legal bodies on behalf of Taiwan and
China, respectively. I argue that the CSECC is deliberately
designed to avoid the institutional features associated with the idea
of publicness.
| Item Type: | Journal Article | ||||
|---|---|---|---|---|---|
| Divisions: | Faculty of Social Sciences > School of Law | ||||
| Journal or Publication Title: | University of Pennsylvania East Asia Law Review | ||||
| Official Date: | 2011 | ||||
| Dates: |
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| Volume: | 7 | ||||
| Page Range: | pp. 221-255 | ||||
| Status: | Peer Reviewed | ||||
| Publication Status: | Published | ||||
| Related URLs: |
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