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大法官解釋表頭

(釋字第 105 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.105 
Date 1964/10/7
Issue Do the administrative acts injunction against publication and revocation of a publishing company's registration fall within the scope of "necessary" restriction stipulated in the Constitution?
Holding   Administrative acts of interlocutory injunction against publication and deregistration under the Publication Act, Articles 40 and 41, fall within the scope of "necessary" restriction stipulated in Article 23 of the Constitution. Restriction on freedom of publication dealt with by administrative agencies for purposes of effective restriction can hardly be regarded as infringing upon the Constitution.
Reasoning   Administrative acts of interlocutory injunction against publication and deregistration under the Publication Act, Articles 40 and 41, fall within the scope of "necessary" restriction stipulated in Article 23 of the Constitution. Regarding the restriction on freedom of publication, this Yuan holds the same opinion as that contained in the Application to this Interpretation. The Constitution places no limitation on the means of penalization for illegal publication. Hence, the means of administrative penalty is adopted to achieve efficient restriction and can hardly be regarded as infringing upon the Constitution. Prescribed conditions for administrative acts under the aforesaid Articles are restrictive. Administrative agencies must act according to the itemized process prescribed therein. Persons so affected may still make an administrative appeal and administrative litigation to the Administrative Court seeking remedy and protection.

Translated by Wei-Feng Huang.
 

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