| dc.description.abstract | The National Communications Commission (NCC), the inaugural independent agency in Taiwan created in accordance with the Basic Code Governing Central Administrative Agencies Organizations, represents a pivotal outcome of government reform initiative. The establishment of the NCC reflects a broad consensus among both the ruling and opposition parties, heralding a new era in the oversight of communications and broadcasting within the country. However, since its inception, the NCC has faced a number of controversies, including the matter of who shall have the authority over personnel affairs regarding members of the NCC, and disputes over the jurisdiction of administrative appeals. Meanwhile, the regulatory and supervisory measures taken by the NCC have also been the focus of public attention. For example, the draft “Digital Intermediary Services Law”, the revocation of the broadcasting license of the CTi News, and the approval of the launch of Mirror TV, etc. In addition to triggering public discussion, many of these cases have also entered into the process of administrative remedies.
As these cases undergo judicial review, pivotal questions emerge: What is the extent of judicial oversight over the NCC′s administrative actions? Are effective remedies available to the public? And how much discretionary power does the NCC retain?
In Chapter Two, this article delves into the evolution of administrative discretion in Taiwan and the corresponding judicial review system. It highlights challenges faced by administrative discretion, exploring issues such as the rationale behind it, the existence of unified operational standards, and how administrative courts should approach reviews in cases involving administrative discretion.
Moving on to Chapter Three, the article explores the judicial review practices of administrative actions in Germany and the United States. This section covers the doctrine and practical development of administrative discretion in Germany, along with landmark decisions by the United States Supreme Court regarding the judicial review of legal interpretations and cases in communications and broadcasting.
Finally, in Chapter Four, this article examines the judgments of our country′s administrative courts in cases involving the NCC, such as the ＂Satellite Broadcasting and Television Business License Renewal＂ case, the ＂Basic Channel Change＂ case, and the ＂Program Content Management＂ case, to determine whether the court acknowledge administrative discretion and the intensity of judicial review. Ultimately, the article puts forward recommendations for the judicial review of communication and broadcasting cases. | en_US |