The Reliance Basis for the Principle of Legitimate Expectation
Date Issued
2007
Date
2007
Author(s)
Huang, Teng-Pai
DOI
zh-TW
Abstract
The reliance basis for the Principle of Legitimate Expectation is the subject of people’s reliance on state manifestation. It is the major requirement for the Principle of Legitimate Expectation. Should people wish to apply the Principle of Legitimate Expectation in lodging complaints and instituting legal proceedings, they should first identify a state manifestation as the reliance basis and proclaim that the legitimate privileges it endows shall be protected against expropriation and infringement by the state. However, which one among the numerous types of state manifestation shall become the reliance basis for the Principle of Legitimate Expectation that people claim? This thesis studies the legal system, administrative practice of related administrative organizations, rulings of the administrative courts and the grand justice interpretation regarding the current Principle of Legitimate Expectation. To sum up, the general legal nature of reliance basis should possess three main legal characteristics – externalization, regulation and stability. The “externalization” of reliance basis means that a state should externally claim to be the subject of people’s reliance. The “regulation” of reliance basis means that the state manifestation should standardize and form the relationship of rights and duties between people and state authorities, and should be trustworthy. The “stability” of reliance basis represents that the reliance basis should be unchangeable to some extent regarding its legal nature and that its regulating purpose should not obviate the intention of legitimate expectation for the people. The externalization, regulation and stability of reliance basis are the general judgment benchmarks to determine whether the state manifestations, including administrative, legislative and judicial manifestations, are qualified as the reliance basis. If a state manifestation lacks one of the three important legal characteristics of reliance basis, it is not qualified to become the reliance basis of the Principle of Legitimate Expectation from a legal point of view. Hence, the three important legal characteristics can facilitate the functions of reliance basis as the major requirement for the application of legitimate expectation, filter the cases that truly require protection of people’s legitimate expectation, and eliminate the cases for which protection is not necessary. Only through a refinement of major requirements for the Principle of Legitimate Expectation and the establishment of feasible benchmarks can free the Principle of Legitimate Expectation from abstraction and vagueness, or losing its regulating functions or being abused.
Subjects
信賴保護原則
信賴基礎
信賴利益
法律不溯及既往
大法官釋字525號解釋
Principle of Legitimate Expectation
Reliance Basis
Legitimate Privileges
Non-Retroactivity of Law
Grand Justice Interpretation Number 525
Type
thesis