Supervising Local Autonomy and Judicial Appeal: The New Partnership between Central and Local Governments
Resource
國家發展研究, 4(2), 141-181
Journal
國家發展研究
Journal Volume
4
Journal Issue
2
Pages
141-181
Date Issued
2005-06
Date
2005-06
Author(s)
Wang, P.C.
Abstract
According to Article 118 of the Constitution, the autonomous status of a municipality is protected by law. However, based on the Judicial Yuan Interpretation Nos. 527, 550, and 553, the protection of the status has become liaison with the Constitution. The relation between central and local governments has been transformed from a subordinate one into a cooperative and coordinating one, namely partnership. The autonomy of local self-government entities can be intervened by self-government supervising institutions by means of preventive, restraining, legitimate and proposed supervisions under this new partnership. The supervising institutions can intervene and correct the entities when the budget of the latter is not approved in three months after the budget year begins, when the budget proposal is reserved as it is after second discussion, and when the it happens that action on behalf of the entity has to be taken. On the other hand, the entities can acclaim their rights by administrative and interpretation litigations. And, according to the J.Y. Interpretation No. 550, the central government has to coordinate with the local authorities when it would like to increase the obligation or burden of the latter by law and its unilateral action is no longer applicable.
Subjects
地方自治
自治監督
憲法保障
解釋訴訟
新夥伴關係
Local Autonomy
self-government supervising
Constitution protection
interpretation litigations
namely partnership
Type
journal article