The Effect of Local Legislation on the Exercise of Administrative Powers
Chun-Chen Chi*
Abstract
The objective of this paper is to understand the influence of local legislative power, which was enhanced by No.738 explanation of Judicial Yuan on June 24th 2016 on local administrative powers. For a long time in Taiwan, the legal sector had taken “legal preservation” as a priority, so local autonomous legislation could not work effectively in the legal system. It means that local legislation was not effective when in conflict with national legislation. This legislative ecology was changed after Local Government Act was implemented. That law is a constitutional law, deriving its legal authority from Constitution and its Additional Amendments of Republic of China. Local legislation that is passed by local councils is named Autonomous Regulations of the Local Government Act. That local legislation will have greater power than national legislations in the following situations：
1. When it deals with autonomous matters based on the distribution of power between central and local governments.
2. When it deals with regulatory matters based on the principle of legal preservation.
3. When it deals with regulatory matters based on the proportional principle of the legal system.
That thinking is confirmed by No.738 Explanation of Judicial Yuan. Local administration and legislatures will have more political powers in the future. This political development will likely change the relations between central and local government. We must continue to study and analyze legal changes.
Keywords: local legislation, central legislation, legal preservation, local government act
* Professor of Department of Public Affairs, Ming Chuan University, email: profchi@gmail.com.