摘要
| 原文 | 英語 |
|---|---|
| 頁（從 - 到） | 1-51 |
| 頁數 | 51 |
| 期刊 | National Taiwan University Law Review |
| 卷 | 13 |
| 發行號 | 1 |
| DOIs | |
| 出版狀態 | 已發佈 - 2018 |
指紋
Keywords
- 憲法
- 臺灣憲法法院
- 科際整合法學
- 法律務實主義
- 比例原則
引用此文
}
TY - JOUR
T1 - Utilizing External-Knowledge in Means-Ends Analysis: A Comparative Study on Taiwanese and U.S. Cases Regarding Interdisciplinary Approaches to Constitutional Reasoning
AU - Chia, Wen-Yu
PY - 2018
Y1 - 2018
N2 - Means-Ends Analysis (MEA) is an essential stage of human rights cases in constitutional review. Traditionally, this analysis is conducted under formalistic notion; nevertheless, under the influence of legal realism movement, the U.S. Supreme Court had adopted interdisciplinary approaches in many cases. In recent years, the Taiwanese Constitutional Court (TCC) also shows an interest in interdisciplinary approaches occasionally. This essay will focus on some landmark human rights cases under these two jurisdictions. By comparative research, some common strengths as well as weaknesses of interdisciplinary approaches of MEA in constitutional reasoning may be revealed at a fundamental level of constitutional law that are beyond the boundaries of legal traditions (i.e. common law v. civil law). Those strengths and weaknesses may address the essence of interdisciplinary approaches to (constitutional) law as a distinctive legal methodology.
AB - Means-Ends Analysis (MEA) is an essential stage of human rights cases in constitutional review. Traditionally, this analysis is conducted under formalistic notion; nevertheless, under the influence of legal realism movement, the U.S. Supreme Court had adopted interdisciplinary approaches in many cases. In recent years, the Taiwanese Constitutional Court (TCC) also shows an interest in interdisciplinary approaches occasionally. This essay will focus on some landmark human rights cases under these two jurisdictions. By comparative research, some common strengths as well as weaknesses of interdisciplinary approaches of MEA in constitutional reasoning may be revealed at a fundamental level of constitutional law that are beyond the boundaries of legal traditions (i.e. common law v. civil law). Those strengths and weaknesses may address the essence of interdisciplinary approaches to (constitutional) law as a distinctive legal methodology.
KW - 憲法
KW - 臺灣憲法法院
KW - 科際整合法學
KW - 法律務實主義
KW - 比例原則
KW - Constitutional Law
KW - Taiwan Constitutional Court
KW - Interdisciplinary Approaches
KW - Legal Realism
KW - Proportionality Test
U2 - 10.3966/181263242018031301001
DO - 10.3966/181263242018031301001
M3 - Article
VL - 13
SP - 1
EP - 51
JO - 臺大法學評論
JF - 臺大法學評論
IS - 1
ER -