On the Principle of the Explicit Delegation: Focusing on Social Welfare Statutory

• Main Authors: Ku-Ming Hsu, 許谷鳴
• Other Authors: Yuh-May Lin
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/pv744y

碩士 === 國立中興大學 === 法律學系科技法律碩士班 === 106 === The purpose of this thesis is to explore the relationship between the principle of explicit delegation and the normative legality of the order. This thesis presumes that if the law can be more specific in its delegated provisions in terms of the scope, purposes and contents of the delegation, the executive order can therefore be set more clearly and comprehensively. This thesis argues that the principle of explicit delegation should be centered on the delegation provisions, and be clear and specific in terms of their contents, purposes and scope of the delegation. In addition, foreseeable rational basis should be its standard of scrutiny. This thesis first reviews the principle of explicit delegation developed in the United States and Germany. It then studies the application of the principle of delegation to law and executive order in Taiwan from further analysis of the related interpretations made by the Grand Justices of the Constitutional Court, as well as the cases made from the Supreme Administrative Court. Furthermore, a case study was conducted on the preferential interest rate deposit measures and social welfare regulations for the military, public servant, and education in the current pension reform. It argues that one of the core issues of controversies related to the current reform is because that the related measures and regulations violate the mandate of the explicit delegation requirements. It further points out that the principle of explicit delegation shall also be applied to social welfare related laws as a means to govern the expenditure of social welfare.