Examining the Constitutionality of Employment Discriminations Against the Ex-Offenders: An Equal Protection Argument
Date Issued
2007
Date
2007
Author(s)
LI, SZ-YI
DOI
zh-TW
Abstract
This thesis examines the constitutionality of employment discriminations against the ex-offenders from the perspective of equal protection. Based on the three-tier standards of review as developed by the U.S. Supreme Court, this thesis argues that the classification on the criminal records should be considered a quasi-suspicious classification and be subject to the intermediate scrutiny by the courts. Accordingly, both the reasoning and judgment of the Judicial Yuan Interpretation No. 584 is flawed. In conclusion, the thesis proposes to revise many of the current legal restrictions and accord those ex-offenders with the equal protection of their employment freedom.
Subjects
平等權
前科
職業自由
工作權
審查標準
嫌疑分類
更生保護
釋字五八四
Equal Protection
Ex-offenders
Occupational Choice
Judicial Review
Suspect Classification
Aftercare.
SDGs
Type
thesis
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ntu-96-R92a21011-1.pdf
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