File Download

There are no files associated with this item.

  Links for fulltext
     (May Require Subscription)
  • Find via Find It@HKUL
Supplementary

Article: Constitutional Game: An Analytical for Constitutional Law and Constitutional Politics

TitleConstitutional Game: An Analytical for Constitutional Law and Constitutional Politics
Authors
Issue Date2010
PublisherCanadian Center of Science and Education. The Journal's web site is located at http://www.ccsenet.org/jpl/
Citation
Journal of Politics and Law, 2010, v. 3 n. 1, p. 56-79 How to Cite?
AbstractMost lawyers have a doctrinal understanding of constitution. They are skeptical of any political understanding of a constitution, feeling that this may taint the sacredness of the legal paradigm. Political scientists view things differently. They offer three approaches to understanding a constitution from the political paradigm perspective: the attitudinal approach, the institutional approach and the strategic approach. The author argues that the incorporation of the political paradigm into one’s analytical framework is unavoidable if one wants to have a comprehensive understanding of the constitution. After arguing that different paradigms can be integrated if alternative epistemological presuppositions are being adopted, the legal and political paradigms and approaches are integrated into an analytical framework of constitutional game illustrating how law and politics may interact in the constitutional development of a country-state. Under this analytical framework of constitutional game, the constitutional processes in which decisions on the making, interpretation, implementation, adjudication and amendment or change of the constitution are made can be understood from features borrowed from the concept of game including players, rules of the game, winning goals, game resources, game actions, game field, interaction, strategy, and the end of the game.
Persistent Identifierhttp://hdl.handle.net/10722/124768
ISSN

 

DC FieldValueLanguage
dc.contributor.authorTai, BYTen_HK
dc.date.accessioned2010-10-31T10:53:04Z-
dc.date.available2010-10-31T10:53:04Z-
dc.date.issued2010en_HK
dc.identifier.citationJournal of Politics and Law, 2010, v. 3 n. 1, p. 56-79en_HK
dc.identifier.issn1913-9047-
dc.identifier.urihttp://hdl.handle.net/10722/124768-
dc.description.abstractMost lawyers have a doctrinal understanding of constitution. They are skeptical of any political understanding of a constitution, feeling that this may taint the sacredness of the legal paradigm. Political scientists view things differently. They offer three approaches to understanding a constitution from the political paradigm perspective: the attitudinal approach, the institutional approach and the strategic approach. The author argues that the incorporation of the political paradigm into one’s analytical framework is unavoidable if one wants to have a comprehensive understanding of the constitution. After arguing that different paradigms can be integrated if alternative epistemological presuppositions are being adopted, the legal and political paradigms and approaches are integrated into an analytical framework of constitutional game illustrating how law and politics may interact in the constitutional development of a country-state. Under this analytical framework of constitutional game, the constitutional processes in which decisions on the making, interpretation, implementation, adjudication and amendment or change of the constitution are made can be understood from features borrowed from the concept of game including players, rules of the game, winning goals, game resources, game actions, game field, interaction, strategy, and the end of the game.-
dc.languageengen_HK
dc.publisherCanadian Center of Science and Education. The Journal's web site is located at http://www.ccsenet.org/jpl/-
dc.relation.ispartofJournal of Politics and Lawen_HK
dc.titleConstitutional Game: An Analytical for Constitutional Law and Constitutional Politicsen_HK
dc.typeArticleen_HK
dc.identifier.openurlhttp://library.hku.hk:4550/resserv?sid=HKU:IR&issn=1913-9047&volume=3&issue=1&spage=56&epage=79&date=2010&atitle=Constitutional+Game:+An+Analytical+for+Constitutional+Law+and+Constitutional+Politics-
dc.identifier.emailTai, BYT: yttai@hku.hken_HK
dc.identifier.authorityTai, BYT=rp01271en_HK
dc.identifier.hkuros173198en_HK
dc.identifier.volume3en_HK
dc.identifier.issue1-
dc.identifier.spage56en_HK
dc.identifier.epage79en_HK

Export via OAI-PMH Interface in XML Formats


OR


Export to Other Non-XML Formats