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Economic analysis of the constitutional

Author: WangWeiHai
Tutor: ZhangJianQiu
School: Mudanjiang Teachers College
Course: The basic principles of Marxism
Keywords: Constitutionalism the market economy supply-demand cost-proceed
CLC: D911-05
Type: Master's thesis
Year: 2010
Downloads: 53
Quote: 0
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Abstract


Constitutionalism is a political system design which springs from and be mature in the west; it is a policy that most modern countries adopt. The establishment of Constitutional system is the need to balance between individual rights and the state power, and the need of economic and social development. Throughout the development of society history, we can draw that Constitutionalism is always closely connected with economy. From Marx’s economic determinism to Charles·A·Bilder’s constitutional economic-viewpoint, from Bosnia’s economic analysis of law to Buchanan’s public choice theory, they illustrate the relationship between constitutionalism and economy in different aspects. Especially the research team of law-economical school is growing steadily, which provide the great theoretical support for constitutional economic analysis.What the new institutional economics brings an important revelation is that there is also the cost of operating system. The question is that it doesn’t lie in the cost, but lies in returning to more interests by paying the cost. Constitutional system is also not exceptional. The foundation of the law or the method of economic analysis provides a new visual angle and a new methodology to direct to strengthen the construction of constitutionalism for us.“Because of adopting a law rule not another rule, which produces benefits and distributions, this method provides an analytical framework, which makes us be able to have a reasonable assessment. The important of this analytical method is that it often reveals that the potential effects of rule of law may be different from the target of the legislature or the court, pushing to formulate this rule (at least on the surface).”By using the theory and the method of economics, the text analyses the formation, structure, operation efficiency and future development of constitutionalism, we can draw the conclusion that traditional research method can’t do, meanwhile, the conclusion is practical reliable. The writer believes that based on the situation of China, on the premise of Marxist standpoint, applying economic analysis result to constitutionalism is of great theoretical and practical significance.

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CLC: > Political, legal > Legal > UNIVERSITY > National law,the Constitution
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