In or Out? Seeing exclusions from Constitutional Law from the theory of constitutional game

Abstract

According to the theory of constitutional game, constitutional practices including the interpretation of constitutional provisions and application of constitutional provisions to real life situations are the result of interactive processes among different political actors enjoying constitutional powers under the constitution. Ideological, institutional and strategic factors affect how the political actors interpret or apply the constitutional provisions on the basis of their own constitutional goals. Political actors are constrained by the perception of other political actors on the legitimacy of their actions or non-actions. The theory of constitutional game provides a perspective to understand the ambit of constitutional law (on paper as well as in action). Whether a certain social phenomena or social activity is excluded from or covered by the provisions of the constitution, it is resulted from the complicated process of game-like interactions among the political actors within its unique constitutional environment.