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The Study Of Legal Protection For Freedom Of Association In Taiwan

Posted on:2015-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:J BaiFull Text:PDF
GTID:2296330422972036Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Association is the behavior of individuals who are based on the specificrelationships and has the very common values. Voluntary groups and mandatorygroups are two basic forms of associations in human society. In the public areas,freedom of association has social and political functions of strengthening democracy,rule of law and public governance. Based on ethical grounds of fundamental rights,universal morality and public interest, it is allowed to restrictively legislate on freedomof association. With the legislative spirit of protecting and encouraging citizens ’freedom, we should construct the associative system and the legal protection systemwhich comply with the modern concept of universal human rights principles and therule of law.This article focuses on the overall development for the introduction of protectingfreedom of association in Taiwan during seven decades and the legal system throughdifferent norms in different periods to give a glimpse of the legal changes in Taiwan.Also it explore the reason of legal reforms, analyze from various reviews and findmissing and deficiencies, from the existing laws and systems of freedom of association,to try to put forward suggestions and reforming.The first chapter is about the meaning of freedom of association including theconcept and nature, the meaning and function and some related issues.The second chapter introduces the legislation of freedom of association aboutcommunity organizations, initiating, the issue of autonomy, finance and supervision inTaiwan.The topic of third chapter is the restriction of freedom of association in Taiwanwith reasons of restrictions on freedom of association, basic rules, contents and controlsof unconstitutional political parties.Then, the constitutional review for freedom of association would be talked in thefourth part. It describes the principles, methods and criteria of unconstitutional reviewby judges.Finally, it is the conclusion which analyzes some current difficulties of legalprotection of research and summarize results of this thesis.
Keywords/Search Tags:freedom of association, basic human rights, legal system, judicial review
PDF Full Text Request
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