2015年行政法發展回顧

Developments in the Law in 2015:Administrative Law

本文分別從立法、司法及行政實踐這三個面向，觀察2015年的行政法發展。本文發現，立法面向的重點，在於透過對於空間、人及環境的治理與照護，來達到永續發展的目標，同時也積極落實原住民及地方自治。在司法的面向，不管是司法院大法官所作的解釋、或是行政法院的裁判實務，居住及土地正義的相關議題，均成為關鍵，案件數量亦有相當成長。至於在國際人權公約內國法適用的司法實踐上，雖有持續成長，但對公約權利的性質及內涵，法院仍未有清楚掌握。在行政的面向上，其重大事件亦與居住及土地正義的正當行政程序實踐有關。整體而言，在2015年的行政法發展，土地與居住正義的議題，居於關鍵地位；對於相關決策，人民及公民團體均明顯有更高的期待與標準，希望可以透過事前程序的充分參與，在保障權利的同時，也能促使政府透明與資訊公開，以深化民主。

This Article looks into Taiwan’s 2015 administrative law development in three aspects including important legislation, leading cases and administrative policies. One of the findings is that the primary achievements of important legislation were to provide for sustainable governance for land use, environment and human capacity development. Meanwhile, the guarantees of self governance by indigenous peoples and local governments were also enhanced. In the leading cases, the pursuit of fair and just land use and the right to fair and adequate housing was the key focus. The number of administrative law cases in which international human rights were applied has been on the rise, but the judicial understandings of those international human rights require substantial improvement. In key administrative policies, the primary focus was also placed on fair and just land use, the right to adequate housing, and due process in decision making. Also noteworthy is that the calls for public hearings in land use and urban renewal decisions have become stronger than ever. Overall, the pivotal focus of administrative law development in 2015 includes fair and just land use, the right to adequate housing, and administrative due process, and citizens are calling for more participatory rights for deepening of democracy.