食品安全治理中科學基礎與民主參與的平衡

Translated title of the contribution: The Balance of Science-based and Democratic Participation in Food Safety Governance

Kuei-Jung Ni, 蔡 嘉晏, 王 郁霖

Research output: Contribution to journalArticlepeer-review

Abstract

Scientific evidence plays an increasingly significant role inmodern governance especially involving risks brought by technologyand industry developments. In regulating international trade andtransnational activities relating to food risks, a variety of institutions,including the World Trade Organization (WTO), the Biosafety Protocoland the Codex Alimentarius Commission (Codex), all require nations’regulations to follow scientific principles. The recent revised Taiwan’s‘Act Governing Food Safety and Sanitation’ has incorporated the trendinto the law.The objectivity and neutrality of the expertise and scientific-basedgovernance are skeptical, and these has put the regular uncertainty ofscientific findings and inherent value judgement of scientists into question. The usual exclusiveness of expert governance and insufficienttransparency in the process has labeled the activities as democraticdeficit. This paper explores the mandate of how to balance theexpertise-based scientific assessment with the demand of publicparticipation.This paper will begin with the discussion of the background andimplications of honoring science-based governance with a view toclarifying the justification of applying the principle. Then, the limitationand problems of the principle would be disclosed. Finally, the paperanalyzes the necessity of incorporating democratic elements into foodsafety management as a balancing act that requires the enhancement oftransparency and public participation.
Translated title of the contributionThe Balance of Science-based and Democratic Participation in Food Safety Governance
Original languageChinese (Traditional)
Pages (from-to)131-218
Journal政大法學評論
Volume155
StatePublished - Dec 2018

Keywords

  • Scientific Evidence
  • Scientific Neutrality
  • Food Democracy
  • Transparency
  • Public Participation

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