This article releases of Constitutional Interpretation No.613 of Grand Justices, Judicial Yuan.Discussion jurisdiction and legislative power of separation of power boundary.Judicial review since U.S.A.'s Marbury v.s Madison case is developed in 1803 .Safeguards the people's basic right not the illegal violation.The most countries introduces for the world. Grand Justices enjoy the good name of ¡§the constitution protector¡¨.Is only short of the public opinion to be authorized and counter-majoritarian diffculty, Causes the democratic validity to be subject to the question, between ¡§the judicature is positive¡¨ and ¡§the judicature is negative¡¨,it is become Judicial review development mechanism the important topic.
Administration, legislation and judicial is also known as trias politica, Performing its own functions, doctrine of separation of powers for most important constitutional government principle, The Congress direct gathering people meaning indicated that.Is on behalf of the Popular Sovereignty for State agency, three read through the law, suffers unexpectedly declares invalid, and has the abstract standard potency, sends the Judicial review from ¡§the constitutional interpreter¡¨ to become ¡§the legislator¡¨ or ¡§framers of constitution¡¨ the negative appraisal.
This article advocated that the Judicial review should distinguish the people's basic right or the pure institution in advance disputes and so on, is safeguarding the people's basic right case, should involve positively, being suitable of the non-judicial self-restraint principle. The Judicial review should not take the doctrine of political question the separation of power the only boundary, should accumulate the case type, develops standard of the difference, avoids fording into the pure institution jurisdiction dispute. Constitutional Interpretation article should not ¡§the legalization¡¨, be supposed to establish the mechanism of ¡§retires after meritorious service¡¨.
| Identifer | oai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0204109-204400 |
| Date | 04 February 2009 |
| Creators | Su, Jhih-chang |
| Contributors | liu-zheng shan, xu-zheng rong, liao-yi ming |
| 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-0204109-204400 |
| Rights | restricted, Copyright information available at source archive |
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