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The Function of the Equality in the Civil Service Examination Regimes Wang Wen-jong

The equality is a foundation of the privilege and a fundamental principle for conduct and establishment of the examinatorial regimes as well. The conduct of national power, no matter the administration, the legislation, or the judicature has to treat all nation equal and unarbitrariness. The conduct and establishment of the examinatorial regimes employing equality as a foundation is able to avoid unjustifiable and unreasonable discrimination.
The civil service examination regimes are guaranteed in the scope of the constitutional protection. Participating examination and civil service is one of the nation's fundamental rights, furthermore the equality is a foundation of the fundamental rights. Therefore, it is necessary to explore the function of the equality in the civil service examination. Based upon the analysis of the function of equality in the civil service examination, this article separately criticizes legal basis and function of equality, the Judicial Yuan Interpretation as definition in equality, the relation between principle of equality and principle of proportionality, and review of the present civil service examination regimes to clarify the definite concept of the equality so as to review the drawback of the present examination regimes and further refer to some suggestions for amending the laws and regulations to accelerate the protection of the fundamental right properly.

Keywords:equality, fundamental right, civil service examination, personality