An analysis of controversial types of executive orders, which was based on the rule of law and centered on military regulations

• Main Authors: Fan,Hui-Kun, 范輝坤
• Other Authors: Chen Shin Min
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/25883011769104777612

碩士 === 國防大學管理學院 === 法律學系 === 98 === Following the party-shifted, democratization and the completed foundation of Constitutional Interpretation (CI) in Taiwan, our country has established a principle and foundation of rule of law. It means that the country must follow the rule of law and its sovereign power must possess objective and legitimate laws to be the root of administration. If administrative actions conducted by govern lacks regulations or keeps some interpretative room, the administrative institution must correspond with the principle of proportion, equality, trusty and conservation, and the demand of human rights protected under constitution. In order to prevent the infringement of personal benefits and rights, this research points out a controversial type of military executive orders to discuss the vague phenomenon and try to find out the effective way of solutions. This research begin from the introduction of the rule of law, and review all the definition, categories, characteristics, limitation, efficacy, etc. Finally, we choose three dimensions-ordinance, regulation and official letter, which both process interpretive function and efficacy of restricted adjudication, to illustrate the patterns of executive orders nowadays. Those discussions are the base to review the pattern about executive orders from interior military, so as to prevent the violation of human rights and enhanced relative benefits on military HR protection.