On the Rights of Public Servants in our Government under the Changing “Besondere Gewaltverh?ltnis” Theory
Resource
政治科學論叢, 1, 145-166
Journal
政治科學論叢
Journal Issue
1
Pages
145-166
Date Issued
1990-03
Date
1990-03
Author(s)
Liang, S.L.
Abstract
The relationship between gov’t and public servants is regarded as “Besondere Gewaltverh?ltnis” (special power relationship) in the continental legal system countries.
It’s not equal. Government has absolute power to command and gov’t employees only have duty to obey. After World War Ⅱ, the scholars of continental legal system began to trend to the protection of basic human rights. Public servants are people too, therefore their basic freedom and privileges in Consititution, such as the rights of association, collective bargaining and petition to gov’t should not be limited and deprived. Under “Berondere Gewaltverh?ltnis”, our public servants have more obligations and less rights. Up to now they don’t have any right to form professional organization or work union, and appeal for their grievances as a common people. But there is also no legal restrictions on gov’t employees political activities in order to maintain their political neutrality.
Type
journal article