我國特別權力關係之演變：歷史制度主義的觀點   全文下載

Examining the Special Authority Relationship in Taiwan: Perspective of Historical Institutionalism

The special authority relationship in Taiwan is adopted from Germany and Japan, under which, if the rights of civil servants, military personnel, students and prisoners are violated, they can’t file administrative litigation to seek remedies. Also, legal principles such as the statutory reservation, eligibility for judicial review, and due process in administrative procedures are ruled out. However, with the changes of time, people are increasingly aware of human rights, and alterations to the special authority relationship are called for.
This article uses historical institutionalism as an approach to observe the evolving process of special authority relationship in Taiwan, exploring the transition, the key factors in the evolving process, and the future trend of special authority relationship, before giving some suggestions in the conclusion.