An Observation of the Separation of Powers in Taiwan’s Independent Administrative Authorities and the Administrative Organizations Act
Lian-Wei Hsu *
Abstract
Independent administrative authorities in other countries have been in existence for years, but in Taiwan this is something new. The independent Regulatory Commission’s role of “insisting on professionalism” in the administrative power represents the “expert” role. Such an “expert of all experts” or elitist mentality may throw the separation of powers off balance, damage the unitary executive theory and politics of accountability, and create a conflict between administrative supervision and independent execution of administrative duties. This article discusses relevant issues from the constitutional perspective of “separation of powers” and the administrative organizations act.
Keywords:independent administrative authority, separation of powers, unitary executive theory, J.Y. Interpretation No.613, spoils system
*National Sun Yat-Sen University Institute of China and Asia-Pacific Law Studies Ph.D. Candidate, Tainan City Government Law officer.
http://www.exam.gov.tw/public/Data/011291939971.pdf