The Orientation of Judicial Review within the Context of Classical Republicanism
Date Issued
2008
Date
2008
Author(s)
Liu, Hsiu-Ling
Abstract
The motive of the passage is to find an explanation for Orientation of Judicial Review in the Context of Classical Republicanism way. Nonetheless, the explanation is different from the Context of Human Rights. Categorical syllogism constitutes the main structure of this passage. The first argument is that Liberty as non-domination of Republican Tradition, the second argument is that the proposition of universal under Context of Classical Republicanism, and the third argument is that Orientation of Judicial Review under the proposition of universal. In the first argument, the content of Republican Tradition is classified into three levels, which are Metaphysic, Political Theory, and constitutional structure, and is analyzed in order. Meanwhile, the intern relation and external relation between the three levels are explained as well. As for the second argument, Classical Republicanism was defined by analyzing the Ethics of Categorical Imperative quoted from Kant to combine the content of Republicanism discourse and the content of Republicanism tradition. Subsequently, we can gain one set of main proposition and twelve second propositions which derive from the proposition of universal after proceeding abstraction of the three levels of content of Classical Republicanism. Last but not least, in the third argument, we gain a holistic explanation by inspecting Judicial Review with the proposition of universal. Such explanation, which is the Context of Classical Republicanism, would help to provide a bran-new style for Orientation of Judicial Review.
Subjects
Judicial Review
Republicanism
Categorical syllogism
Ethics of Categorical Imperative
Proposition
Type
thesis
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