Developments in the Law in 2015: Administrative Law

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Abstract

This Article looks into Taiwan's 2015 administrative law development in three aspects including important legislation, leading cases and administrative policies. One of the findings is that the primary achievements of important legislation were to provide for sustainable governance for land use, environment and human capacity development. Meanwhile, the guarantees of self governance by indigenous peoples and local governments were also enhanced. In the leading cases, the pursuit of fair and just land use and the right to fair and adequate housing was the key focus. The number of administrative law cases in which international human rights were applied has been on the rise, but the judicial understandings of those international human rights require substantial improvement. In key administrative policies, the primary focus was also placed on fair and just land use, the right to adequate housing, and due process in decision making. Also noteworthy is that the calls for public hearings in land use and urban renewal decisions have become stronger than ever. Overall, the pivotal focus of administrative law development in 2015 includes fair and just land use, the right to adequate housing, and administrative due process, and citizens are calling for more participatory rights for deepening of democracy.
Translated title of the contribution2015年行政法發展回顧
Original languageAmerican English
Pages (from-to)1455-1491
Number of pages37
Journal臺大法學論叢
Volume45
Issue numberS
DOIs
StatePublished - 1 Nov 2016

Keywords

  • land use
  • environmental sustainability
  • right to housing
  • land justice
  • Two Covenants

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