論行政法人的建制-以民主正當性理論與責任政治原則為中心
Date Issued
2005
Date
2005
Author(s)
謝欣達
DOI
zh-TW
Abstract
With the goal of effect, flexibility, profession and depoliticization, administrative corporation is established as an all-new system in our country. Although, the administrative corporation is set up to meet the need of Taiwan's governmental reform, especially for responding the competition pressure of the globalization, which is expected to combine with the civil power, to promote efficiency, and to respond to the international competition pressure quickly through the flexible public and private hybrid organization. However, the administrative corporation has caused the public many queries. Meanwhile, these queries focus on concerns about the democratic legitimacy and accountabilities of the administrative corporation. Thus, through a further study for the reasons of these queries, this text induces that the key reasoning of these concerns is usually to get bogged down in the traditional constitutional government doctrines. That is, narrowly by representative democracy-centered traditional democracy principle, and by the principle of political accountability based on the legislature-supervised to examine the system of administrative corporation.
However, this text detect that, the principle of traditional representative democracy and the principle of political accountability have already produced the fluctuation gradually. Firstly, the theory of democratic legitimacy has changed, which is from focused on the legislature transmits legitimacy to the executive (i.e. transmission belt theory) to focused on claiming that the executive is able to be legitimized from profession, participation, dignitary procedure, new democratic participation, dualist democracy, and the global perspective democratic legitimacy. Secondly, the content of the political accountability principle based on the legislature-supervised also changes gradually. That is, from the dimension that inclines towards restriction on the administrative power to the dimension that inclines towards emphasis on promoting the efficiency and the effect of the administrative power. Even, the political accountability principle combines with the new democracy principle. That is, assert to make the process of policy much more transparent and open, and make much more participation and deliberation in the procedure of policy-making. Therefore, it is unnecessary to insist that by
Subjects
民主
行政法人
責任
民主正當性
責任政治原則
administrative corporation
democracy
accountability
democratic legitimacy
political accountability principal
SDGs
Type
thesis
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