The Challenge of Referendum to the Zoning

• Main Authors: Min-fei Yang, 楊閔妃
• Other Authors: I-Chang Chow
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/59073699322476741244

碩士 === 逢甲大學 === 都市計畫所 === 95 === Taiwan passed a referendum law recently, which marked a new era of Taiwan’s democratic process. However, it is not clear that if the referendum has positive or negative effects on urban planning in Taiwan, particularly zoning. Based on some unofficial referendum experience held for not-in-my-backyard projects, referendum could be a significant challenge against government-planned projects. Referendum as a fundamental human right equips people with the power to veto against zoning regulations. Zoning regulations, generally regarded as a police power, now is challenged by the referendum. This situation signifies the dilemma whether decision making on public policy should depend more on professional decisions of planners, or public opinions, as well as if there is a solution to resolve possible contradiction. This research aims to review and analyze the interaction between zoning regulations and referendum based on experiences in other countries. Through literature review and case study, this research is intended to provide policy implications to reduce negative impacts on implementation of zoning regulations. The zoning-regulation proposals for referendum have to conform to strict review rules, such as topics and contents in order to be enforced. So only when referendum-related laws, regulations, and/or processes are established in Taiwan for citizens to follow, can the potential conflicts between referendum and zoning regulation of urban planning be eliminated. The establishment of referendum-related laws then can provide platforms for citizens to participate in urban planning-related affairs, which could lead to reduction of conflicts between people and governments, as well as development of zoning regulations more satisfying people’s needs. Keywords：referendum, initiative, zoning, urban planning, police power