論公務人員特種考試限制應考資格對人民基本權之影響   全文下載

The Influences of Qualification Limits on People’s Fundamental Rights in Civil Service Special Examinations

There are two major national examinations: one is common examinations, including Civil Service Elementary Examinations, Civil Service Junior Examinations, and Civil Service Senior Examinations; the other is Civil Service Special Examinations for special government organizations. They are both civil service examinations, but the limits on qualification are different. According to Article 18 of the R.O.C Constitution, which stipulates“The people shall have the right to take public examinations and hold public offices.”It is the fundamental rights of the people to take these two major examinations. Although qualification limits are set for the special needs of government organizations, the limits should be professional rather than personal. Since equal rights and employment rights of the people may be violated by the qualification limits in Civil Service Special Examinations, the examinations should be fully open to all of the people. People who pass the examinations may take basic and practical training, and be screened out if they are not qualified. Therefore, a balance must be maintained between protecting people’s fundamental rights and the special demands of government organizations.