Establishing a Right to Housing in Taiwan
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Abstract
This research begins with a discussion of the historical land reforms in Taiwan and focuses on developing a practical theory of a right to housing from the path of the interaction among the government and the people and the interaction between the private economy and the state power. Taiwan is the only democratic society and free market in the Chinese world, and the Taiwanese experience on housing accessibility and equality is important for Asian developing countries. After World War II, the Chinese Nationalist Government received Taiwan from Japan and started a variety of land reforms. The government-led land reform mostly involved the taking, acquisition, and redistribution of private land, which has had an impact on land use and even more importantly has impacted every aspect of the lives of the people. The process of the government land reform and the protection of the right to housing are profoundly connected. Because land reform involves the redistribution of wealth and economic status, which has an improper influence on the future real estate market, the hectic government-led land reform demonstrates that the real estate market in Taiwan has been compromised negatively by politics and the idea of a planned economy. The research at the beginning of this dissertation will discuss two aspects. One is from the viewpoint of the government that conducts land reform and the other is from the viewpoint of civil protests. The goal of this discussion is to truthfully describe the facts through the contrast and comparison of these two viewpoints. However, this research will use the social movements acting out against government land policies as the main point of critical thinking to explore the source of legitimacy for the guarantee of housing rights. After that, this research will take further steps to discuss the legal meaning of housing rights in the Taiwanese legal system. Because this is a fundamental research of housing rights, the constitutional issues must first be considered, followed by a consideration of legislation. This research found that the written Constitution of the Republic of China (“ROC Constitution,” which is applicable in Taiwan) guarantees a substantive due process right that can be recognized by the constitutional court of Taiwan to ensure an accessible and equal housing market. As a result, this research concludes that some recent legislation must be changed due to constitutional principles and all legislation must enforce the people’s right to housing. Finally, the dissertation concludes that the problems of housing rights protection come from the people's real needs, which are for human dignity, distributive justice, and living justice. The conclusion will look at the needs of three specific groups of people, the Aborigines, the rural residents, and the urban residents, and will then translate those people's needs into a practical theory. While Taiwan has become a democratic country and has gradually embraced the free market, the past influences have been profound and have caused injustice and social problems waiting to be resolved. Although Taiwan passed the International Covenant on Economic, Social, and Cultural Rights (“ICESCR”) as domestic law in 2009, and although the ROC Constitution also protects private property rights and the principal of equal land rights, housing prices in Taiwan are still prohibitively high. For most people, it is virtually impossible to own a house. Therefore, many people believe that a right to housing that protects the accessibility of housing needs to be implemented in Taiwan. The real problem, however, is how to control the state power to maintain or improve such accessibility in a free market. This research adopts the viewpoint of critical theory that engages the existing power system instead of accepting it. This discussion is not only meant to include a right to housing into the written legal system but also to reflect the reality and improve the rule of law to an advanced standard.