我國獨立行政機關權力分立與行政組織法之觀察   全文下載

An Observation of the Separation of Powers in Taiwan’s Independent Administrative Authorities and the Administrative Organizations Act

Independent administrative authorities in other countries have been in existence for years, but in Taiwan this is something new. The independent Regulatory Commission's role of“insisting on professionalism”in the administrative power represents the“expert”role. Such an“expert of all experts”or elitist mentality may throw the separation of powers off balance, damage the unitary executive theory and politics of accountability, and create a conflict between administrative supervision and independent execution of administrative duties. This article discusses relevant issues from the constitutional perspective of“separation of powers”and the administrative organizations act.