| Summary: | 碩士 === 國立臺北大學 === 法學系 === 91 === According to the German grand law, when the primary rights can be limited in reference of a law or through legislation, this law must apply to the general public instead of a particular individual and must pinpoint those limited as well as pertinent law. Any law, which limits primary rights, must, based on the abovementioned principle, cover general public rather than a certain case. This is so-called “disallowed of individual law principle.” Seeing the principle of fairness and separation of powers principle, the disallowed of individual law principle can be applied in our constitution though it is not clearly manifested in the constitution at present.
Starting from the point of whether disallowed of individual law principle can be common law principle inadministrative law, this thesis is to explore whether administrative legislation and local legislation should be under equal restriction regarding disallowed of individual law principle to the congress.
So-called common law principle in administrative law means when the administrative agency can not solve a case based on current laws, it can choose their counterparts which can be applied in the administrative laws. The disallowed of individual law principle originates from the Constitution and can refer to the common law principle in administrative law. Consequently, among principles of the Constitution, disallowed of individual law principle can serve as the common law principle in administrative law.
As a conclusion, for administrative legislation and local legislation, within superior restriction and arbitration rights it is entitled to, the administrative agency must process legislation in accordance to the disallowed of individual law principle, making laws covering the general public.
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