Categorization of Judicial Review on Administrative Discretion : An Analysis from Viewpoints of the Separation of Powers
Date Issued
2010
Date
2010
Author(s)
Yang, Yu-Chieh
Abstract
Current level of administrative acts involve more extensively than before that handling cases are more likely to relate to reconciles of civil rights due to increasing of stakeholders concerned. In addition, modern public affairs are more complicated that the scope of executive power enlarges intensively. It’s still questionable whether traditional judicial reviews toward administrative discretion are proper to deal with different situations caused by varied conditions and referred issues.
As the factors of modern administrative case concerned are more than before, judicial reviews on this need to be resorted for appropriate classification correspondingly. This thesis suggests the necessity of categorizing judicial reviews on administrative discretion under modern administrative case. Meanwhile, through reviewing the separation of powers that administrative discretion involved, this thesis directs to sort out appropriate recommendations for judicial review from modern administrative discretion, accomplishing the purpose of checks and balances of executive power effective.
While varifying the necessity to categorize judicial reviews of administrative discretion as well as repective elements from different considerations, this thesis attempts to make suggestions toward judicial reviews of categozied adminstrative discretion. Following that, it studies the similarity between administrative discretion and indefinite concept of law. Judicial reviews of indefinite concept of law— the way to decide the density of reviews on types of cases, whether it can be used as reference. Furthermore, concerning the particularity of administrative discretion, it results in its conflict restriction of injunctive relief, prohibiting judges beyond the requirements of the case. Though it’s not the main topic in the thesis yet still related, it’s discussed in context.
Subjects
administrative discretion
judicial review
separation of powers
most suitable agency functions
democratic legitimacy
preliminary injunction
SDGs
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