Protections and Its Limitations of Persons with Disabilities’ Constitutional Rights to Access to Public Service Positions: Focus on the Examination System and Procedure

• Main Authors: Tsui-Hua Hsu, 許萃華
• Other Authors: Tzung-Jen Tsai
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/a8bkg6

碩士 === 國立臺灣大學 === 法律學研究所 === 105 === This dissertation starts with an analysis of the power of public service recruitment, and also try to compare the differences of the power of public service recruitment in Japan, American, and France. And then, I find that the power of public service recruitment in Taiwan is very different from those countries I just mentioned above. Namely, the power of public service recruitment in Taiwan was separated and shared by the Legislative Yuan and Examination Yuan, which result in the problems of using that power. I also try to analyze people’s rights to access to public service positions, inclusive of the relations between rights to take examination and rights to hold public service. And then, I also discuss about those factors that may be taken into consider when making a judicial review. I hold that if there’s a limitation on protections of rights to take examination, it must be a factor that threaten the examination system and procedure. If not so, there would be too many negative qualifications that don’t have reasonable standings to restrain people’s rights to take examinations. Second, I focus on the limitations on protections of rights to take examination that persons with disabilities faces in Taiwan. On one hand, I find that even in the examination only for people with disabilities to take, the protections are still very limited. Persons with disabilities get lower paid or lower level public service opportunities most of the time. On the other hand, in examinations not only for persons with disabilities, the examination system and procedure also has many regulations that restrict persons with disabilities from taking part in. Thus, I also try to review the constitutionality of those regulations.