Jiunn-Rong Yeh on The Spatial Connotations of Privacy (葉俊榮論隱私權的空間意涵)

The Academia SINICA Law Journal has published Prof. Jiunn-Rong Yeh’s article on privacy. This article investigates the spatial connotations of privacy and illustrates that how the constitutional interpretations by the Grand Justices imply this connotation. Here is the abstract:

The judicial articulation of privacy has been advanced in a rights-based approach followed by a proportionality calculus. While this has been in conformity with general judicial practices in most basic rights reviews, there are two major caveats. First, the application of proportionality review has been charrged with arbitaration and uncertainty. Second, they render the judicial articulation of privacy less constructive than it can be.

This essay looks into a series of constitutional rulings on privacy by the Grand Justices, aiming at presenting spatial connotations and significance in the judicial articulation of privacy. It argues that privacy is a concept deliberatively linked with a certain human expectation and spatial construction. This spatial construction forms a solid foundation of the judical articulation of privacy.

This essay finds an emerging judicial reorganization of spatial dimension in privacy discourses. The judicial construction of privacy is underdeveloped as it is shadowed (muddled) by the stereotypical rights-proportionality review model. Thus, it calls for a reintroduction of spatial construction in the judicial articulation of privacy.




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