The Connotation and the Performance of Administrative Litigation of the Right to Remove Illegal Consequences
Date Issued
2015
Date
2015
Author(s)
Chia, Pei-En
Abstract
This thesis “The Connotation and the Performance of Administrative Litigation of the Right to Remove Illegal Consequences (Folgenbeseitigungsanspruch)” focuses mainly on the connotation (including its extended meaning) of the above- mentioned right and some relevant issues of its practice in Administrative Litigation. “The Right to Remove Illegal Consequences” derives from the academic theory of the Administrative law in Germany based on the defensive function of fundamental rights, the right aims to remove illegal consequences caused by illegal activities of public authority. The purpose of the right is to realize the principle of Rule of Law. Traditional studies focus mainly on the connotation of the Right to Remove Illegal Consequences. However, there has also been discussion on whether a transformation of the connotation could have happened, when the original connotation of this right could not possibly be realized due to certain circumstances. This thesis also lays special emphasis on the practice of the right to remove illegal consequences in Administrative Litigation, which has not been fully discussed in theory and practice. This thesis explores the practice and types of administrative litigation in Taiwan, with reference to the Rules of the Administrative Courts (Verwaltungsgerichtsordnung [VwGO]) in Germany. Finally, several suggestions for the application of Taiwan’s Administrative Litigation Act are proposed based on the research findings.
Subjects
the Right to Remove Illegal Consequences
the Defensive Function of Fundamental Rights
the Principle of Rule of Law
Type
thesis
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