2020年行政法發展回顧：權力分立觀點下之實務評釋

Developments in the Administrative Law in 2020: Comments on Practice with Perspectives of Separation of Powers

儘管COVID-19疫情全球肆虐，2020年我國的立法與司法實務在行政法領域依然活躍。針對若干問題點，既有提出解決之方案者，但亦有衍生更多之爭議者；凡此，均屬作為2020年行政法實務發展回顧之本文所擬評論的對象。不過，由於本年度國內在立法與司法實務上探討的問題，一如往昔，相當多元，故為使本文的年度回顧能適度聚焦，以凸顯特色，本文評論的對象將高度集中於涉及權力分立的問題上。在此，立法與行政之關係、中央與地方之分權，乃至司法權內部之審判權劃分等三個面向，始為本文回顧我國2020年行政法實務之發展的重點。目前實務對於這三個議題的處理，大多因循傳統模式，以致於迭生爭議；因此本文嘗試提出若干新的觀點，以分別解決實務上相關之爭議。至於本文研究結果，最終則希冀能為我國行政法學的未來，提供些許可重新思辨的方向。

Although the Covid-19 pandemic has continued to rage around the world since 2020, Taiwan’s legislative activities and judicial decisions in the field of administrative laws were vibrant and productive in such a standstill year. As usual, those legislative activities and judicial decisions involved diverse issues; some of them gave satisfactory solutions for the existing questions, yet some spawned even more disputes. However, in order to narrow down the annual review scope to a pragmatic topic, the main objects to be discussed in this article are the legislative activities and judicial decisions about the doctrine of separation of powers in the year 2020. Thus, the relationship between the legislative and executive authorities, the division of powers between the central and local governments, and the division of the power of jurisdiction are the three essential aspects of this article that reviews the development of Taiwan’s administrative law in practice in 2020. Most of the disputes happen in the aforesaid three aspects because the current legislators and legal practitioners in Taiwan prefer to apply the traditional approach to address the issues involved in these parts. As a result, in order to deal with the disputes, this article proposes several new paths to replace the traditional approach. This research results are expected to provide some insightful perspectives which contribute towards the future of administrative law in Taiwan.