The ultimate goal of modern constitutionalism is to protect the human rights, and its realization is the establishment of a "limited government." To maintain national security, protect our society and people from all hazard, is the obligation of the government which owning the national executive power. In order to secure the national security, national defense, diplomacy and intelligence become the most important affairs of the government, and also with less oversight from the legislative power.
The national intelligence services will influence the success or failure of national defense and diplomacy. To acquiring more early warning time, intelligence services are the indispensable work to secure the national security. Depending on the principle of Rule of Law of modern constitutionalism, the intelligence organizations shall follow the principle of rule by law. Also, the positive rule by law must abide by the ¡§Vorbehalt des Gesetzes.¡¨ Basing on the check and balance, intelligence services should be over-sighted by the legislative branch. However, because of the nature of secrecy, intelligence services should be only over-sighted in essential and limited sphere to avoid endangering agents¡¦ security and operations.
This paper analyzes laws, histories and practices of the intelligence organizations in the United States, Germany and ROC, as well as intelligence-and-administration-in-one or separation. We also compare the tasks, missions and laws of intelligence operations of the United States, Germany and ROC. This paper also studies on how intelligence agencies are supervised by Congress in the principle of balance and check.
This paper finds that the Intelligence Service Law of ROC is equivocalness between information and intelligence. Information collection through secret way is adopted by indefinite law concept, therefore, people lack the right of information self-determination and post-relief system. Legislative oversight lacks the substantial meaning, and merely has the work of administrative oversight by law. To establish the Intelligence Oversight Board seems to be not necessary.
| Identifer | oai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0725111-175924 |
| Date | 25 July 2011 |
| Creators | Hsu, Ko-Wen |
| Contributors | none, none, none, Jeng-rong, Shyu, none |
| Publisher | NSYSU |
| Source Sets | NSYSU Electronic Thesis and Dissertation Archive |
| Language | Cholon |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://etd.lib.nsysu.edu.tw/ETD-db/ETD-search/view_etd?URN=etd-0725111-175924 |
| Rights | restricted, Copyright information available at source archive |
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