The Legal Problems of Local Referendum in Taiwan
Date Issued
2008
Date
2008
Author(s)
Chen, Chun-Rung
Abstract
In Taiwan, the Referendum Act was passed in 2003 and became the legal basis of national referendum and local referendum. From the legislating process to today, the legal problems of local referendum are ignored and have little discussions. This study describes the legislation and experience of local referendum in Taiwan and other democratic countries. Then analying local referendum’s constitutional meanings and tries to construct the theoretical framework. Finally, this study indicates the important legal problems and raises proposals to reform the legislation of local referendum about several dimentions, including: the legal problems of referendum process before and after the referendum proposal qualified, supervision of self-government and judicial review for local referendum.he concept of local referendum is compatible with that the constitution refer to local self-government to protect resident rights and with the insight of separation of powers and protection of human rights. This study proposes that popular sovereignty theory and participatory democracy theory can not be the theoretical basis of local referendum. Rresident self-government principle, liberalism and pluralism are better to be the theoretical basis of local referendum. The practice of local referendum makes residents participate public affairs directly and nurtures civil society. Dircect democracy at local level gives a way to deepen gross roots democracy.
Subjects
dircect democracy
local referendum
local self-government
resident self-government
separation of powers
protection of human rights
supervision of self-government
judicial review
SDGs
Type
thesis
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