The Feasibility of Unified Local Legislation in Taiwan

Author: Wen-Ching Lin(College of General Education,Hung Kuang University), Ru-Chuan Chang(Graduate Institute of Development Studies,National Taiwan University)

Vol.&No.：Vol. 51, No.1&2
Date：October 2006
Pages：23-37
DOI：10.6210/JNTNULL.2006.51.02

Abstract：

Under the auspices of an “institutional guarantee,” autonomous local groups enjoy the guarantee of an objective law system, take responsibility for accomplishing their own local tasks, and implement their own form of autonomy. Although our “local system” law entrusts to autonomous local groups, the right to make laws guaranteeing their self governance, these groups cannot be involved in the relevant mechanisms and details of trans-regional cooperation for local-self government. By comparison, the Japanese local autonomy law tries to construct mechanisms that will make clear the feasibility of local government of law of unified legislation, and the difficulties and limitations of such legislation. Thus we see that the concept of “local autonomy” in Taiwan is still in its formative period, for in Taiwan it is still the case that “the central law breaks the local law,” and the local legislatures do not have real power to implement social and political change; only the central government has this power. Therefore it is very important that there be trans-regional cooperation between and among autonomous local groups, to better enable a more united front for the pursuing of local autonomy and a more complete democracy in Taiwan.

Keywords：administrative agreement, administrative protocol, local autonomy, institutional guarantee, wide-area administration

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