| Summary: | 碩士 === 國立中山大學 === 政治學研究所 === 101 === This study examines the judicialization of environmental movement and labor movement in Taiwan. Traditionally, activists seldom pursued movement goals by legal action in contrast to the government which was used to using legal system to deal with activists. However, there has emerged a new tendency in Taiwan''s environmental movement and labor movement recently that activists are more inclined to use litigation as a legitimacy-building strategy and more often resort to the courts for right relief. Therefore, the main purpose of my thesis are to illustrate the trajectory of recent legal strategy change and to explain how activists employ litigation as movement strategy.
By analyzing the court verdict of environmental litigation and labor litigation and conducting in-depth interviews with movement activists and cause lawyers to understand the current condition and the meaning of the legal strategy, I found that the amount of the environmental litigation and labor litigation are both increasing due to activists’ employment of legal strategy. However, the judicialization trajectory of environmental and labor movement are quite different.
To sum up, my thesis argues that, firstly, there exists an ongoing judicialization process both in the environmental and labor movement. Secondly, the trajectory and characteristics of the judicialization process in the environmental and labor movement are different. Thirdly, the judicialization of environmental and labor movement reveals some social problems in recent Taiwan, and the judicialization further shows its unique meanings in Taiwan’s social movement and democratization.
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