2005Contemporary Legal ScienceRequires access

Thinking With Constitutional Concepts:How Norms Are Discovered?

Zheng Xian

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Abstract

Thinking with constitutional concept for finding question and settling case is the need for both constitutional research and enforce, settle constitutional questions. Constitutional concept is constitutional norm. Constitutional thinking is the process which judge subsumtion between constitutional norm and fact that the end is to establish value and find norm in constitutional case, it also a process to testify a new norm. Thinking with constitutional concept would improve the ability to interpret and understand about the norm of law man, as well as recognize the nature of vary constitutional norm, develop constitution with this foundation and toward the road to communicate and understand.

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What this paper is about

Thinking with constitutional concept for finding question and settling case is the need for both constitutional research and enforce, settle constitutional questions. Constitutional concept is constitutional norm. Constitutional thinking is the process which judge subsumtion between constitutional norm and fact that the end is to establish value and find norm in constitutional case, it also a process to testify a new norm. Thinking with constitutional concept would improve the ability to interpret and understand about the norm of law man, as well as recognize the nature of vary constitutional norm, develop constitution with this foundation and toward the road to communicate and understand.

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Available abstract

Thinking with constitutional concept for finding question and settling case is the need for both constitutional research and enforce, settle constitutional questions. Constitutional concept is constitutional norm. Constitutional thinking is the process which judge subsumtion between constitutional norm and fact that the end is to establish value and find norm in constitutional case, it also a process to testify a new norm. Thinking with constitutional concept would improve the ability to interpret and understand about the norm of law man, as well as recognize the nature of vary constitutional norm, develop constitution with this foundation and toward the road to communicate and understand.

Key concepts: Norm (philosophy), Constitution, Law, Constitutional law, Political science, Constitutional economics, Constitutional right, Law and economics

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