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The Supreme Court’s Awakening: A Case Review Toward the Protection of the Rights of Indigenous Peoples
Talum;Indigenous Rights Protection;the Culture of Taiwanese Aborigines;Controlling Guns;Ammunition and Knives Act;Wildlife Conservation Act;Hunting Right;Weapons Act;Affirmative Action;Equal Right;Judicial Review
|Issue Date: ||2019-07-24 16:05:15 (UTC+8)|
A Taiwanese aboriginal (Bunun tribe) hunter named Talum(Chinese named Kuang-Lu, Wang) was accused of illegal hunting theprotected species, Muntjac and Long-length goat, by using a shotgun onAugust, 2013. He was convicted to three and half years imprisonmentand a fine of NTD seventy thousands (7,000) with two accusations,illegal possession of guns and illegal hunting for two endangeredspecies by the High Court. His appeal to the Highest Court was rejectedby Taiwan’s Highest Court on October, 2015.As such hunting by the aboriginal people involves not only theirway of making living, but also the traditional culture that goes backhundred of years, which inflicts controversy of basic human right underconstitutional law. Taiwan Highest Court initiated an un-precedent weblive broadcast of the trial proceeding to the general public. After severalarguments, Taiwan Highest Court pronounced the stay of the trial due to unsolvable controversy of constitutional right and therefore movedfor constitutional interpretation proceeding by Taiwan ConstitutionalCourt.This article discusses the conflicts between protection ofaboriginal livelihood under constitutional law and illegal hunting underArticle 20, Section 1 of Controlling Guns, Ammunition and Knives Actand Article 40, Section 1 of Wildlife Conservation Act, which alsoinflicts Principle of Legal Certainty in defining shotgun under both lawsand applicable constitutional principle to determine the Petition forConstitutional Interpretation as a whole and relevant reasons to raisesuch petition. In addition, the legal system to protect such aboriginalright, the right to hold and use the gun and hunt the animal, in thisarticle, is suggested to be constructed more thoroughly with regard tolaws of guns and hunting sport in order to persevere dynamic balancebetween aboriginal culture and animal protection.
|Relation: ||法學評論, 155, 1-58|
|Data Type: ||article|
|DOI 連結: ||https://doi.org/ 10.3966/102398202018120155001 |
|DOI: ||10.3966/102398202018120155001 |
|Appears in Collections:||[法學評論 TSSCI] 期刊論文|
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