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| 論文名稱 | Interpretation of Constitutional Rule – Not by Court but by Political Performance Staged in Media |
| 研討會開始日期 | 2009-11-30 |
| 研討會結束日期 | 2009-12-01 |
| 所有作者 | Herlin Chien |
| 作者順序 | 第一作者 |
| 通訊作者 | 是 |
| 研討會名稱 | 2009 New Zealand Political Science Association Conference |
| 是否具有對外公開徵稿及審稿制度 | |
| 研討會舉行之國家 | NATNZL-紐西蘭 |
| 研討會舉行之城市 | Auckland |
| 發表年份 | 2009 |
| 所屬計劃案 | 無 |
| 可公開文檔 |
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| 可公開文檔 | |
| 可公開文檔 |
[英文摘要] :
Conventional wisdom expects the constitutional court to serve as the main body for the protection of the constitution and most importantly the interpretation of constitutional rule, finalizing rule of game for organs of government to behave accordingly. This paper thinks this might be theoretically and ideally possible, yet rarely the case in daily political encounter, especially in the post-broadcast democracy era. Written documents, such as the Constitution, inevitably suffer from inherent indeterminacy of language problem. Constitutional Court can only provide further clarification on what a particular constitutional rule means semantically yet never can fully exhaust the array of possibility. The substantive interpretation and construction of constitution occur, as this paper mainly argues, recursively in the arena of daily political performance staged by media – a form of coordinate construction of constitution which emphasizes the public as the last resort for authority in law. To better portrait the interaction between political performance, media and constitutionalism, a dichotomized understanding of the media is proposed – as attentive purposeful actor and inattentive information transmitter, followed by a case study on the evolution of Fifth Republic 1958 Constitution to exemplify how the interpretation of constitution is not by court but by political performance staged in media.
