The Right of Equality in Judicial Review -- with Comparative Perspective
Date Issued
2009
Date
2009
Author(s)
Kao, Shu-Jen
Abstract
Abstracthe Right of Equality in Judicial Review--- with Comparative PerspectiveThe basis of all the human rights , we may say , is the right of Equality while Judicial Review offers the last resort of Equality-protection. The study of Equality in Judicial Review is, in brief, to find the fairness as theubstantive justice, with which people obtain the equal protection of law.According to the modern Constitutionalism, people, on the one hand, endow their nation with power and, on the other hand, the people’s constitutional rights shouldn’t be arbitrarily restricted and infringed by the government authorities--the Administrative, the Legislative as well ashe Judicial power. If necessary, any separation and categorization made by laws must be rationally based under the principle of substantive equality. To abide by the Constitutionalism, to maintain personal dignity and to realize the equal protection of laws, the governmentonstitutionally and legally exists therefore. After reviewing constitutional interpretations rendered by the council of Grand Justices, the function-oriented classification of Equality followed --the right to defend, to acquire benefits, to be patronized and to advocate institutional or procedural guarantee, etc. With the perspective of comparative law, focuses on standards of scrutiny and balancing test of Equality rights in the Judicial Review lately practiced, which bear muchignificance of this dissertation, might help provide a practical and theoretical basis for further study about Equality and especially for imposing on the state obligations to actively realize the protection ofonstitutional rights.ey words:quality, Judicial Review, Standards of Scrutiny, Balancing, Discretion.
Subjects
Equality
Judicial Review
Standards of Scrutiny
Balancing
Discretion
Type
thesis
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ntu-98-D89341007-1.pdf
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