Test Cases

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??

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.

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

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.