Under the principle of law reservation, any restriction of right and obligation imposed on people should base on authorization from related laws. Local Self-Government Regulations itself (for Self-Government Bylaws) that are passed by local councils through three-reading procedures and published by local authorities are not laws or regulations and orders that local governments are authorized to enact. So the enforcement of local self-government regulations seems to contradict the principle of law reservation. The controversial problem not only exists in Germany and Japan but also in legal precedents, interpretations of justices of constitution court, Judicial Yuan, legal theories and opinions and understanding in Taiwan. Although Local System Law and Administrative Fine Law have stipulated in explicit terms that Local Self-Government Bylaws can be a basis of administrative fines, still there are legal controversies on the problem. The article is trying to construct legal basis of administrative fines by Local Self-Government Bylaws from the conceptions of systematical protection, democratic principles and separation of vertical powers.
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