Test Cases


#1

Just for My Information

Does succeeding in a legal action, on behalf of a foreigner, mean that the result will be applied throughout the Taiwanese bureaucracy?

What about the regular administrative appeals regarding the duration of drivers licences?

Does the Taiwanese bureaucracy say - big deal you won the last one - so you know what to do??


#2

According to the Administrative Appeal Law, any cases won on administrative appeal have only individual case applicability. Hence, at the present time, the need to handle each driver’s license application/renewal on an individual basis.

According to the Administrative Court Law, any cases won, and the precedents set, have country-wide applicability. Hence, in order to move forward with a human rights agenda, we need to move test cases into the Administrative Courts.


#3

Can the continual “abuse” of the law regarding drivers licences be moved to “test case” status?


#4

Does the 1949 International Traffic Convention offer any help on this?

Afterall, the ROC is still recognized as a valid signatory and US law upholds such past treaties of the ROC on Taiwan. Don’t forget that it is a multilateral treaty, so ‘international driving practices’ of human rights can theorectically supersede ROC law.