In recent years, methodology of new institutionalism has gradually been the crucial feature of the researches on constitutional system. By pointing out the political actors who affect constitutional operation, the context of institution that constructs constitutional rules, and the social structure accompanied with constitutional culture, etc., the new institutionalism even replaces the old institutionalism in constitutional analysis. However, due to incompatible roots in methodology, new institutionalism has raised more and more disputes. In addition, derived from the same origin that presented historically and methodically, new institutionalism and its old counterpart share some assumptions that make it difficult to divide on institutional approach. Therefore, by the comparative viewpoint of old and new institutionalism approaches, this thesis will integrate them into the analysis of institutional change, and apply to the constitutional change in R.O.C. (1947-2007). Through this way, this thesis will base on the design and operation of the constitutional system of R.O.C. and carry on cause and effect analysis according to the historical context. By several specific time sequences of the path of institutional change, include: crucial moments and changes of the system origin, institutional structure and crisis met, interactive actors¡¦ preferences and tactics, this thesis will also plan to observe the starting point, development of the path and assess its prospect. Moreover, abide by the old and new institutionalism approaches are derived from the same origin, meanwhile, the concepts of ¡§constitution¡¨ and ¡§constitutionalism¡¨ also do combine with them, the purpose of this thesis is to confirm the dimensions of ¡§constitutional law¡¨, ¡§constitutional operation¡¨ and ¡§spirit of constitutionalism¡¨ in Taiwan¡¦s semi-presidential system. Thus, by the comparative viewpoint of old and new institutionalism approaches, this thesis will analyze three main problems of Taiwan¡¦s constitutional operations revealed by the president-premier-Legislative Yuan interactions through the perspectives of ¡§constitutional law¡¨, ¡§constitutional operation¡¨ and ¡§spirit of constitutionalism.¡¨ The concern of this thesis is to establish a new analytical framework which could find out constitutional problems effectively, and propose the solutions.
| Identifer | oai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0702107-151727 |
| Date | 02 July 2007 |
| Creators | Chang, Chun-hao |
| Contributors | Yi-ren Tseng, none, none, none, Jeng-rong Shyu |
| Publisher | NSYSU |
| Source Sets | NSYSU Electronic Thesis and Dissertation Archive |
| Language | Cholon |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://etd.lib.nsysu.edu.tw/ETD-db/ETD-search/view_etd?URN=etd-0702107-151727 |
| Rights | unrestricted, Copyright information available at source archive |
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