Interpretation
J.Y. Interpretation |
NO. 170
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Date |
1981/9/25 |
Issue |
Does the Administrative Proceedings Act constrain the people's right of instituting legal proceedings protected by the Constitution in providing that the administrative court shall dismiss a suit if it finds that an administrative litigation should not have been instituted or that the suit has been instituted against the legal procedure? |
Holding |
1 The Administrative Proceedings Act provides in Article 14, Paragraph 1, that: "If the administrative court, upon examining the complaint, finds that an administrative litigation should not have been initiated or that the suit has been initiated against the legal procedure, it shall dismiss the case by a ruling with statement of the grounds therefor." This provision is not in conflict with Article 16 of the Constitution. |
Reasoning |
1 While the people shall have the right of instituting legal proceedings under Article 16 of the Constitution, the procedure for conducting the action is subject to prescription of law. The Administrative Proceedings Act provides in Article 14, Paragraph 1, that: "If the Administrative Court, in examining the complaint, finds that an administrative litigation should not have been initiated or that the suit has been initiated against the legal procedure, it shall dismiss the case by a ruling with statement of the grounds therefor." The provision is intended to instruct the administrative court on the manner of disposing the case if the court, upon examining the cause stated in the plaintiff's complaint in the eyes of relevant laws (such as Article 1 of the Administrative Proceedings Act and Article 47, Paragraph 2, of the Act Governing the Punishment of Police Offences), finds that an administrative litigation should not have been instituted or it shall have been instituted in a manner non conformable with legal procedure, and to require further that the court give its reasons for its decision to help the party understand. Accordingly, the law is not meant to constrain the right of instituting legal proceedings, and is not in conflict with the purpose of Article 16 of the Constitution in protecting the people’s right of instituting legal proceedings. 'Translated by Raymond T. Chu.
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