| Title | Separation of Power on Transportation Works between the Country and Local Self-Governments |
| Dept | Transportation Technology and Information Division |
| Year | 2004 |
| Month | |
| Price | |
| Summary | Published in February 2004 IOT SERIAL No. 93-23-1211, 146pp. Nowadays, there are more and more controversies on the separation of power between the country and local self-governments. Many studies have been carried out in government executive branches. However, the laws which regulate transportation activities have been used for more than forty years in Taiwan. Although, they have been amended in words, the original structure and theory remained the same. Hence, they are not appropriate for the new system of local government since the Local Self-Government Regulation has been enacted. By reviewing the legal theories of local self-government with The Constitution of the Republic of China and The Law of Local Government System in this article, the power division of local self-government and the meaning of “communication” in The Constitution were examined. To investigate the problems of the legitimization on these transportation laws, the conflicts between The Law of Local Government System and Highway Act, Railway Act, Civil Aviation Act…etc., which have been put into practice for more than forty years were examined. Finally, the constructions and principles of these transportation laws, which can be regarded as compatible with our constitution, were proposed . |
| Post date | 2005/08/13 |
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