AUG
21
2026
Stephen Brogan-Jones Day Legal Fellowship Lecture on the Rule of Law
Description
About the Lecture
Defensive democracy is a political theory articulated by Karl Loewenstein, who witnessed the rise of Adolf Hitler in Germany. Its core concept is that democratic tolerance is not unlimited: a democracy cannot permit anti-democratic forces to exploit democratic freedoms to destroy the democratic system itself. After World War II, many countries developed democratic self-defense mechanisms authorizing the pre-emptive prohibition of extremist organizations and speech. Germany has embraced the most militant model of defensive democracy.
By contrast, the United States adopts a highly tolerant approach, permitting restrictions only where there is a clear and present danger to national or social security. Influenced by both German and American law, Taiwan has developed a “half-hearted” model of defensive democracy. While its Constitution provides for banning unconstitutional political parties, the Constitutional Court has permitted the existence of the Communist Party and applied the clear and present danger test to extremist speech.
As Taiwan faces increasing military coercion and information warfare from across the Strait, debate continues over whether it should adopt a more militant approach or remain cautious to safeguard democratic freedoms.
About the Speaker
Justice Hsu Tzong-Li is a Taiwanese jurist and legal scholar who has played a central role in Taiwan’s constitutional development. He earned his legal education in Taiwan and later built an academic career at National Taiwan University, where he served as Dean of the College of Law and contributed extensively to constitutional and administrative law scholarship.
In 2016, he was appointed President of the Judicial Yuan and Chief Justice of the Constitutional Court, a position he held until 2024. During his tenure, he oversaw significant judicial reforms, including efforts to strengthen constitutional adjudication and enhance access to constitutional review. He is widely regarded for shaping Taiwan’s modern constitutional jurisprudence, particularly in areas concerning judicial independence, human rights protection, and democratic governance under constitutional rule of law.
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Date and Time
Friday, 21st August 2026 5:00PM GMT+08:00
to
Friday, 21st August 2026 7:00PM GMT+08:00
Organisation
Faculty of Law
Location
NUS Law, UTown