A Study on the Amendment of Urban Renewal Act from the Perspectives of Procedural Safeguards : Based on Judicial Yuan Interpretation Number 709
| Autor: | HSU, TING-TING, 許婷婷 |
|---|---|
| Rok vydání: | 2015 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 103 This study mainly discusses procedural safeguards stated in Urban Renewal Act based on J.Y. Interpretation No. 709. The urban renewal process is complex and involves various rights and obligations, including constitutionally-guaranteed property rights and freedom of residence. Thus, the overall nature of the act and Judicial Yuan Interpretation Number 709 was used in this paper as case study of how procedural safeguards can be applied to amending the Urban Renewal Act. Finally, this study provides recommendations and assessments on amendment drafts. The Urban Renewal Act contains measures designed for national economic development, the promotion of land development, beautification of urban landscapes, and the maintenance and protection of people's living environment. Urban renewal involves complex rights and obligations, including fundamental rights of property, and the constitutional guarantee of freedom of residence. Therefore, the Act's overall nature is used to explore whether the expansion of private interests has been detrimental to public welfare. Judicial Yuan Interpretation Number 709 is used as a basis to discuss unconstitutional provisions, the overall law, organizational reviews, agreement ratios, deficiencies in procedural safeguards, and the exploration of procedural safeguard measures. This study also investigates procedural deficiencies and makes recommendations. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
| Externí odkaz: |
|