A Study on the Civil Service’s Freedom of Expression - Focus on Political Neutrality

• Main Authors: Tsai,Pei-Rong, 蔡佩蓉
• Other Authors: Chen,Chun-Sheng
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/80391420657329058291

碩士 === 國立臺北大學 === 法律學系一般生組 === 99 === After 15 years, Administrative Neutrality Law was finally passed. It should be a pleasing thing for a democratic country but there is a concern if it will trespass public service’s freedom of expression. In a democratic country, everyone is equal no matter who they are and which public party or group they belong to. Given enough information, people can make the correct public decision rationally. To reach the ideals of democracy, it is prohibited for the government to take advantage of its power based on its authority to benefit certain people, public party or group and in order not to cause resource and information asymmetry. This essay will explore from the freedom of expression protected in constitution to discuss if there is a need for public service officials to give in the freedom of expression when there is special duty relationship and further discuss the flaw of Administrative Neutrality Law in order to provide suggestions for future thorough amendment.