To supervise the executive authorities to strengthen their public services and to deal with pleading cases effectively, The Executive Yuan promulgated ¡§the executive authorities dealing with pleading cases major points¡¨ in 1973 which was following amended in 1984, 1995. Nevertheless, while the ¡§Administrative Procedure Act¡¨ (APA) announced in 1999, this essentials was found its inconsistent with Article 150 ¡¨ the content of regulations and orders should stipulate the basis of its legal authority, and shall not exceed the scope authorized by law and the spirit of the legislation¡¨ and Article 15, Section 1, Paragraph 2 ¡§any regulation and order without authorized by law and deprive or limit people¡¦s freedoms and rights is void". In APA Article 174-1 "before implementation of this Law, the executive authorities according to the Central Regulation Standard Act: those have to be regulated by law or stipulate its legal authority shall be modified or specified by mandated regulations or stipulate its legal authority within two years after the implementation of this Act; overdue failure¡¨ and Article 175 ¡§the implementation of this Act (APA) starts from 1 Jan, 2001¡¨. Thus, according to the APA Article 170, Section 1, the Executive Yuan re-amended the 1973¡¦s ¡§the executive authorities dealing with pleading cases major points¡¨ to ¡§the Executive Yuan and its organs dealing with people¡¦s pleading cases major points¡¨, subtitle with ¡§All level authorities affiliated to Executive Yuan provide services for the people major points¡¨ in May 25, 2000. The APA has been implemented since 1 Jan, 2001. There is chapter 7 ¡§Pleading¡¨ is related with people¡¦s petition and its legalization. The appropriateness of pleading law making process is examined herein by the basic methods of administrative law, namely, the five major frameworks, including administrative principles, administrative organization, limitation of administrative power, administrative relief, and administrative supervision from every respect and viewpoint. Furthermore, practical implementation and suggestions for regulations and actions concerning executive authorities to deal with pleading cases are provided to achieve the goals of protecting people¡¦s right and maintaining social orders as well.

The purpose of this research project is to examine the technical, political, social, organisational and cultural ‘practices’ of tax policy making in order to gain an in-depth understanding of certain tax rules in the Chilean context. Consistent with a qualitative interpretivist approach, this study is informed by documents and three phases of face-to-face interviews with a range of actors engaged in the process of (re)making tax regulation. Through the views of a wide spectrum of participants, including policy makers (broadly defined), tax administrators, academics, tax practitioners and taxpayers, theoretical concepts were inductively developed. These concepts were combined with related tax policy literature and Bourdieusian concepts to construct a theoretical/conceptual framework which was later applied in interpreting the findings. The findings reveal how an élite group of agents forms a social space connected with the field of power. In this space, these agents define tax policy, draft legislation and budget for economic effects. This thesis illustrates how these agents mobilise different forms of capital from their respective fields in order to reach and access this social space. Transfer pricing processes highlight the fluidity of these spaces, allowing the access and influence of external forces. The research also shows that other stages are more distant from the field of power. The findings suggest the importance of tax knowledge and information in the development of tax regulation. Tax knowledge and information become a capital at stake which agents struggle to acquire. Empirical data show that the amount of tax knowledge and information in the space relating to the field of power is connected with the content and robustness of the transfer pricing rules under analysis. This research also suggests a high concentration of transfer pricing tax knowledge in very few agents across the bureaucratic, professional services and corporate/business fields. This research also shows the influence of social capital in the tax policy-making field. The findings show that bureaucrats and politicians consult with those connected with them who are subjects of trust. In the particularities of transfer pricing, the findings illustrate the importance of social capital in defining the content of tax rules. Finally, the study also shows how domination and two forms of violence are present and exercised across the tax policy-making field. This is one of only a few studies that have examined the practice of tax policy making holistically, from the very early stages to the application of the rules in practice, broadly contributing in this respect to the tax policy strand of literature. In contrast to previous descriptive and partial studies, this study captures the views of actors responsible for making tax rules. It also contributes to theory development by translating Bourdieusian tools to analyse tax policy making.

Abstract Recently, The ¡uDigital Revolution¡vchanges the store of the knowledge. The traditional conveyance of knowledge, book, have been gradually replaced by store equipments that have immense storage. Then, the internet totally changes information of the exchange. For the reason, the new storage technology and the specialization of the internet make the application and management of information a new landmark. The provision and exchange of public information are the essential activities in a democratic regime. But local study mostly focus on the administration, little study on legislative Yuan. Hence, this paper is intended to investigate representative behavior of Taiwan¡¦s legislators. Legislators are the representative of constituency. They are not only responsible for constituency, but need to monitor administration, law-making. Exchange of information is of utmost significance. The appearance of internet has positive affect on representative behavior of legislators, this paper discuss all of topics. Finally, after the seventh phrase of constitutional reform, the number of seats that legislators have reduce to half in th legislature. In addition, the legislators suffer the pressure of a single-constituency, two ballot system. I believe that legislators¡¦ paying more attention to the access the internet helps improve the quality of the activating in constituencies. I expect that the results of this study may increase the legislature revolution.

Violence at sea has long been a problem for the international community, although the nature and preponderance of incidents has evolved over time. This issue was dealt with in a cursory manner in the 1982 United Nations Convention on the Law of the Sea and therefore states have had to develop the legal framework through other instruments in order to address growing problems of maritime violence. This thesis examines mechanisms of change in the development of international law concerning maritime violence. It considers how international law has responded to this threat, and analyses a variety of different law-making techniques. This study observes that major international law-making activities concerning maritime violence in the recent decades have been in response to international incidents and crises, such as the Achille Lauro, the September 11 attacks, and the Somali piracy crisis. Counterfactually speaking, such law-making acts would not have taken place if these crises had not happened. The study also notes another shift of focus in making international rules aiming to tackle maritime violence away from customary international law and multilateral treaties towards an incremental dependence on United Nations Security Council resolutions, International Maritime Organization’s initiatives, regional cooperative measures, and treaty interpretation techniques for filling the gaps left in the United Nations Convention on the Law of the Sea. With this shift in law-making in mind, the thesis first explores gaps in law regarding piracy and terrorism at sea and reviews the negotiation of two major maritime terrorism treaties, i.e. the 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and its 2005 Protocol. Secondly, it then inspects the United Nations Security Council’s law-making activities in combating terrorism and piracy. Thirdly, it surveys the creation and evolution of the Proliferation Security Initiative and also scrutinises the United States-led bilateral ship-boarding agreements for combating transportation of weapons of mass destruction. Finally, it compares and contrasts the regional approaches across Asia, Africa and Europe in the fight against piracy and armed robbery at sea. The thesis contends that each of the law-making technique employed in fighting maritime violence is not alternative or optional to one another, but rather used in a supplementary fashion to the overarching framework of the law of the sea.

In classical international law, States alone were the makers and subjects of the law. Times have changed. Contemporary international law admits, not only States as its subjects but also individuals and international organisations; it controls not just the needs of States but also the needs of individuals as it continues to venture into areas which, in the classical era, were exclusively reserved to domestic law. The fact that international law now applies to entities other than States is no longer a subject of controversy both in theory and practice. On the contrary, the question relating to whether international law could originate from a source other than through the consent of States in the positivist sense of the law has remained a question of controversy. The question has been made more complex by the multiplicity of international institutions created by States and vested with authority to perform the functions entrusted to them under international law. The functions they perform influence the behaviours and expectations of both States and individuals; but the powers they exercise belong to the States which delegated the powers. Since the powers are delegated by States, it should follow that the powers be confined by the very fact of delegation to the functions for which the powers had been granted. Such powers cannot be used for any other purpose, perhaps. With this in mind, the question sought to be answered in this work is whether the powers granted to International Court of Justice to “decide disputes” – article 38(1) of the Statute of the Court) – implicates the power of judicial lawmaking. In other words, whether rules and principles arising from the decisions of the Court can be properly referred to as rules and principles of international law. The question becomes quite intriguing when placed within the context of article 38(1)(d) and article 59 of the Statute of the Court on the one hand, and the practice of the Court and of the States appearing before it on the other hand. Articles 38(1)(d) provides: “subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.” By article 59: “The decision of the Court has no binding force except between the parties and in respect of that particular case”. Notwithstanding the language of the above provisions, it is shown in this work that like judges in municipal law, judges in the ICJ lay down rules and principles having legal implications for the decisions in subsequent cases as well as for the conduct of States, in general, regarding areas within the degrees of the settled case-law of the Court. It is accordingly argued that to the extent that rules and principles in the decisions of the Court are relevant as rules and principles of international law (in subsequent decisions of the Court) to the determination of international law rights and obligations of States, judicial decisions in article 38(1)(d) are a source of international law. This is notwithstanding the unhelpful language of paragraph (d) and the influence of article 59. Concerning article 59, the writer argues that the article has no bearing on the authority of judicial decisions in article 38(1)(d); its real function being to protect the legal rights and interests of States from a decision given in a case to which they were not parties.

The Role of the European Parliament in the Rulemaking Process of the EU Abstract The topic of the thesis concerns the law-making of the European Union. It intends to present the legal framework of the adoption of the adoption of legislative acts and analyse the influence caused by the practice of informal procedures on de facto the situation in this field. Within the organisation structure, the emphasis is placed on the functioning of the European Parliament and within the informal procedures on so-called trilogue negotiations. Firstly, we examine the nature of informal procedures and trilogue negotiations. Secondly, we analyse what the influence of those procedures on the factual state of affairs of the ordinary legislative procedure in the light of its de lege lata concept and thirdly we evaluate the outcome from the EU functioning principles' point of view. After the de lege lata overview and the specification of the trilogue negotiations and other modalities of the informal procedures, we analyse some typical impacts of the trilogue negotiations on the practice of the adoption of legislative acts. We conclude that the trilogue negotiations constituted the so-called early agreements practice as a standard concept of the ordinary legislative procedure and materially substituted the three readings'...

This thesis aims to describe a phenomenon of judicial law-making in 21st century. The thesis is concerned with two main issues, specifically the binding effect of prior judicial decisions and the boundaries of judicial authority in law-making. The thesis begins with a description of essential terms and it focuses especially on a type of judicial decisions-making, which results in not following plain and clear language of the applicable statute. A judge is not free in his choice when to avoid the language of the statute. He is limited by values embedded in law by legislator, which he cannot exceed and extend. Therefore this activity is deemed to be a method of selecting an applicable legal norm, not creation of new law. The thesis further explains when not following plain and clear language of the applicable statute can be in reasonable cases justifiable. This part is followed by specific parts dealing with the particular forms of the judicial law-making within the bounds of two legal systems - common law and civil law. In the conclusion the paper draws a comparison between the judicial law- making in mentioned legal systems. The thesis concludes that there is a difference between the systems in the concept of bindingness of prior judicial decisions. Yet, both systems reach the stability of court...

Law, morality and politics in bioethical law making in the Czech Republic The central theme of this master thesis is bioethical law making in the Czech Republic and the influence of morality and politics on this law making. The main aim of the thesis is to find out who and under what circumstances influences whether and how laws are made in eight bioethical topics: abortion, transplantation, embryonic stem cell research, living will, artificial reproduction, sex change, surrogate motherhood and euthanasia. In its first chapter the thesis discusses the interaction of two normative systems - morality and law; and in its second chapter it discusses the relationship between morality and politics and law and politics. The third and fourth chapters reflect lessons learned from the previous chapters and apply its hypotheses to the analysis of the above mentioned eight bioethical topics. The master thesis arrives at a conclusion that Czech bioethical law making is split between liberal and conservative approaches. Furthermore it concludes that the majority of the most prominent and difficult moral dilemmas in bioethical law making have been decided historically and are part of the country's historical moral heritage.

The law is the same for all but ignorance of law is no excuse. Abstract: This work discusses the comprehensibility and accessibility of law by the general public. Its goal is to analyse the barriers that make it difficult for the public to understand law. The instability and bad quality of statutes are identified as the key issues of law-making. The main reason for both of these problems is the motivation of politicians to present themselves as active legislators and gain publicity. The law publication is currently undergoing a transformation in the Czech Republic. This is due to the implementation of the e-Collection and e-Legislation. A great improvement will be achieved by the publication of consolidated texts. A personalized dissemination of legal information could be one of the future steps. The application of law by the Czech judiciary is of a very high standard but suffers from long proceedings. I confronted the theoretical conclusions with available research. I also tested selected government solutions. The Czech Republic is investing in digitalization, but the results are still unsatisfactory due to the poor quality of the services. In the last part of my work I suggested a solution based on the parallel between legal systems and software applications. My proposition is to divide law into three...

1 Regional rulemaking Abstract The diploma thesis deals with regional rulemaking with a focus on legal regulations of regions. The aim of the thesis is to explain the constitutional and theoretical anchoring of the creation of regional legal regulations, to describe the process of their creation, issuance, state supervision and repeal, and to examine the actual extent of law-making of regions. The first part defines the basic concepts, constitutional and legal bases and conditions for making and issuing legal relations of regions, which are of two kinds. Generally binding ordinances are issued according to Article 104 Paragraph 3 of the Constitution as legal regulations in the independent competence of regions. The thesis discusses their legal nature and the need for further legal authorization for their issuance, taking into account current case law. According to Article 79 Paragraph 3 of the Constitution, regions then issue regulations for which they always need legal authorization. The following part of the thesis is devoted to the process of creating and issuing regional legal regulations. It describes the adoption of regional legal regulations and their particulars, their publication and the possibility of repeal. There are uncertainties in the legal regulation of the issue of regional legislation,...