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A Comparative Study of Constitutional Frameworks Between R.O.C. and FranceLu, Bing-Kuan 01 July 2004 (has links)
The idea of ¡¥semi-presidential system¡¦ was proposed by Duverger (1980), and it aroused substantial following studies. Newly rising democratic countries have also adopted semi-presidential system. After 1990, Taiwan also adopted a semi-presidential systems right after the constitution revised. As the member of the system, the understanding and improvement of theoretical and practical for the system is necessary and timing.
This study will plan to compare the constitutional frameworks and operational types of semi-presidential countries between France and Taiwan. We try to find the variables that influence the constitutional operation. We expect this study can provide a causal model for the further empirical research. After compare the constitutional statues and its operations difference between France and Taiwan, we have the constitutional statues boundary of semi-presidential system. We also have the constitutional operations basic rule by constitutional interpretation. To be a normative constitution, that is, its norms govern the political process or the power process adjusts itself to the norms, constitutional operations should be operate between the ¡§boundary¡¨ and the ¡§basic rule¡¨. We expect this study can provide a dialogue platform between political science and law and construct an operative standard for judicial review.
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