نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار، گروه فلسفه حقوق، دانشگاه باقرالعلوم (ع)، قم، ایران
2 دانشجوی کارشناسیارشد حقوق عمومی، دانشگاه علوم قضائی و خدمات اداری، تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Economists typically analyze economic decisions under the assumption that rules and institutions are predetermined. However, scholars of Constitutional political economy have expanded the horizons of economic research beyond these limitations; they have created clear horizons by analyzing how the framework of constitutional rules (such as constitution) are selected and its effects are evaluated. The need to focus on Constitutional rules and analyze the “rules of the collective game” is the main pillar of this approach. Although the influence of law and economics on each other and their mutual influence on each other is not hidden from anyone today, explaining this branch of economics and its function in law requires careful reflection and examination. The CPE is at the intersection of at least three epistemological fields: economics, political science, and law, but it has been economists who have written more scholarly works in this field. Therefore, expanding and strengthening this scholarly approach in the field of legal knowledge seems essential. Due to the importance of the subject, this study adopts a descriptive-analytical method, while explaining the position of CPE, and the necessity of applying this approach in legal studies, to explore the question of what function and role does the constitutional political economy play in legal science, and how can this approach contribute to a deeper understanding of legal structures and institutions? In response, it should be said that the constitutional political economy, as a scientific discipline, presents advanced epistemological aspects to legal researchers due to its interdisciplinary function. The findings of this study show that this approach brings valuable and significant achievements to legal science in the three areas of positive, normative, and interpretative. The main function of this approach is to provide guidance for fundamental changes and amendments to current rules in order to improve the playing field.
کلیدواژهها [English]
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