The constitutional limit of the deregulation in labor relations - An Attempt of the German State Theory
Date Issued
2005
Date
2005
Author(s)
Lin, Chia-Ho
DOI
zh-TW
Abstract
Since 1980 the deregulation is the most important developmental tendency which rules the fields of economical and social politics at progressive capitalistic states. When the economical internationalisation comes to another level of so-called globalization, the national state becomes to be another formation such as national competition state, and the international competition is becoming as the resource of national legitimation and the most important political target, the deregulation will more intervolve the different areas of national politics and tasks, no matter what is the concrete form of this deregulation such as the total entnationalisation, demolition of legal norms, its reduction or flexibilization. The direct or indirect involved juristical areas, such as legal politics, system of legal norms and last but not the least system of legal dogmastics, must face the phenomen and problems of deregulation. This essay is started from the analystic perspectiv of political economics and sociology to discuss about the legal problems of the deregulation with regard to the labor relations, and try to construct a discursive sonstruction of the so-called constitutional normativity, to indicate the direction how the legislative power should think and obey.
Subjects
憲法規範性
立法行為
去管制
勞動法
新自由主義
constitutional normativity
labor law
deregulation
neoliberalism
Type
thesis
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