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Building Constitutionalism In China
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Book Synopsis Building Constitutionalism in China by : S. Balme
Download or read book Building Constitutionalism in China written by S. Balme and published by Springer. This book was released on 2009-09-28 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume unpacks the relationship between constitutionalism and judicial power in China. It explores how court behaviour intersects with - affects and is affected by - China's evolving notions of constitutionalism.
Book Synopsis Constitution Building in China by : L. R. O. Bevan
Download or read book Constitution Building in China written by L. R. O. Bevan and published by . This book was released on 1910 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Building the Rule of Law in China by : Lin Li
Download or read book Building the Rule of Law in China written by Lin Li and published by Elsevier. This book was released on 2017-03-21 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building the Rule of Law in China explores the idea that China needs a more globalized and diversified vision for the science of law, presenting the need to think differently from the two major western mainstream legal cultures, the Anglo-American and the continental systems. Other globalized, universalized, and diversified models and experiences in the rule of law from diverse civilizations have much to offer China. Through learning from the strengths exhibited by systems in countries with a very developed and well-organized rule of law, and absorbing essential aspects from different countries, China might be well positioned to promote the development of the rule of law in a robust and comprehensive manner. This book explores the topic from several perspectives, giving the reader an up-to-date resource on the ever-evolving vision for the science of law in China. Explores the situation of rule of law in China as it currently stands Presents a case that China must look beyond the two western systems of law for a more globalized vision Gives analysis on the contemporary situation, and insight into the near future Presents a particular perspective on the rule of law in China by a scholar closely involved with its actual development Translates into English, providing a new and valuable perspective to an English speaking readership
Book Synopsis A Confucian Constitutional Order by : Jiang Qing
Download or read book A Confucian Constitutional Order written by Jiang Qing and published by Princeton University Press. This book was released on 2012-10-28 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: What a Confucian constitutional government might look like in China's political future As China continues to transform itself, many assume that the nation will eventually move beyond communism and adopt a Western-style democracy. But could China develop a unique form of government based on its own distinct traditions? Jiang Qing—China's most original, provocative, and controversial Confucian political thinker—says yes. In this book, he sets out a vision for a Confucian constitutional order that offers a compelling alternative to both the status quo in China and to a Western-style liberal democracy. A Confucian Constitutional Order is the most detailed and systematic work on Confucian constitutionalism to date. Jiang argues against the democratic view that the consent of the people is the main source of political legitimacy. Instead, he presents a comprehensive way to achieve humane authority based on three sources of political legitimacy, and he derives and defends a proposal for a tricameral legislature that would best represent the Confucian political ideal. He also puts forward proposals for an institution that would curb the power of parliamentarians and for a symbolic monarch who would embody the historical and transgenerational identity of the state. In the latter section of the book, four leading liberal and socialist Chinese critics—Joseph Chan, Chenyang Li, Wang Shaoguang, and Bai Tongdong—critically evaluate Jiang's theories and Jiang gives detailed responses to their views. A Confucian Constitutional Order provides a new standard for evaluating political progress in China and enriches the dialogue of possibilities available to this rapidly evolving nation. This book will fascinate students and scholars of Chinese politics, and is essential reading for anyone concerned about China's political future.
Book Synopsis Constitution Building in China by : L. R. O. Bevan
Download or read book Constitution Building in China written by L. R. O. Bevan and published by . This book was released on 1910 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Constitution of China by : Qianfan Zhang
Download or read book The Constitution of China written by Qianfan Zhang and published by Bloomsbury Publishing. This book was released on 2012-08-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book on China's constitution and its tradition of constitutionalism is one of the first in the English language, and as such provides a much needed overview of China's constitutional history and present arrangements. The nine chapters are divided into three parts. The first part (Chapters 1 & 2) deals with China's constitutional history, its indigenous and Confucian antecedents, as well as the turbulent century which led up to the 1982 Constitution and the new order which this ushered in. The second chapter deals with the distinctive features of its current constitution. The second part (Chapters 3-6) introduces the institutional structure defined in the current constitution - the relationship between the Centre and the Regions, the role of the party and the role of the People's Congress, the meaning of the socialist rule of law, and the independence of the judiciary. The third part (Chapters 7-9) discusses the major developments in human rights and their deficiencies - the protection offered to life, liberty, property and equality, and at the same time the currently dormant areas of political and religious freedom. The book concludes with a chapter looking forward to the future of the People's Congress and Chinese constitutionalism. In sum, the book offers a readable account of the salient features of Chinese constitutional developments in all major areas.
Book Synopsis Chinese Constitutionalism in a Global Context by : Peng Chengyi
Download or read book Chinese Constitutionalism in a Global Context written by Peng Chengyi and published by Routledge. This book was released on 2018-08-06 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the course of the last four decades as China’s ideological realm has been transformed, it has become significantly more complicated. This is well illustrated in the current discourse concerning China’s constitutional future. Among Chinese intellectuals the liberal constitutionalism paradigm is widely accepted. However, more recently, this perspective has been challenged by mainland New Confucians and Sinicized Marxists alike. The former advocate a constitutionalism that is based upon and loyal to the Confucian tradition; while the latter has sought to theorize the current Chinese constitutional order and reclaim its legitimacy. This book presents a discussion of these three approaches, analyzing their respective strengths and weaknesses, and looking to the likely outcome. The study provides a clear picture of the current ideological debates in China, while developing a platform for the three schools and their respective constituencies to engage in dialogue, pluralize the conceptions of constitutionalism in academia, and shed light on the political path of China in the 21st Century. The consequences of this Chinese contribution to the global constitutionalism debate are significant. Notions of the meaning of democratic organization, of the nature of the division of authority between administrative and political organs, of the nature and role of political citizenship, of the construction of rights are all implicated. It is argued that China’s constitutional system, when fully theorized and embedded within the global discourse might serve, as the German Basic Law did in its time, as a model for states seeking an alternative approach to the legitimate construction of state, political structures and institutions.
Book Synopsis The Chinese Constitution by : Wei-tung Pan
Download or read book The Chinese Constitution written by Wei-tung Pan and published by . This book was released on 1946 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Constitutional Identity of Contemporary China by : Han Zhai
Download or read book The Constitutional Identity of Contemporary China written by Han Zhai and published by BRILL. This book was released on 2019-12-16 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Constitutional Identity of Contemporary China: The Unitary System and Its Internal Logic, Han Zhai an account of constitutional identity merging with China’s constitutional history and her constitutional complex from a comparative perspective.
Book Synopsis Constitutionalism beyond Liberalism by : Michael W. Dowdle
Download or read book Constitutionalism beyond Liberalism written by Michael W. Dowdle and published by Cambridge University Press. This book was released on 2017-01-26 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.
Book Synopsis Constitutional Law in China by : Feng Lin
Download or read book Constitutional Law in China written by Feng Lin and published by . This book was released on 2000 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Road to the Rule of Law in Modern China by : Quanxi Gao
Download or read book The Road to the Rule of Law in Modern China written by Quanxi Gao and published by Springer. This book was released on 2015-01-27 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a grand review of the centurial development of rule of law in China. It covers the most important issues in this area and presents “political constitution,” a new interpretative framework that allows the Chinese experience of rule of law to be more fully and correctly expressed. It is especially useful to scholars involved in the study of modern China. The main chapters of this book include: The Constituent Movement in the Late Qing Dynasty; The Xinhai (1911) Revolution; Constitution-making at the Beginning of the Republic of China; The Great Revolution in the 1920s; The Rise of the Party State and its Transition; The Founding of 1949 New China and its Early Constitutional Development; and The Dualist System of Rule of Law in the Reforming Times.
Book Synopsis Interpreting Hong Kong’s Basic Law: The Struggle for Coherence by : H. Fu
Download or read book Interpreting Hong Kong’s Basic Law: The Struggle for Coherence written by H. Fu and published by Springer. This book was released on 2007-12-25 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: On July 1, 2007, Hong Kong celebrated its tenth anniversary as a special administrative region of China. It also marked the first decade of its unique constitutional order in which Hong Kong courts continue to apply and develop the common law but the power of final interpretation of the constitution lies with the Standing Committee of the National People's Congress. This book is a collection of chapters by leading constitutional law experts in Hong Kong who examine the interpretive issues and conflicts which have arisen since 1997. Intervention by China in constitutional interpretation has been restrained but each intervention has had significant political and jurisprudential impact. The authors give varied assessments of the struggle for interpretive coherence in the coming decade.
Book Synopsis Constitutions in Authoritarian Regimes by : Tom Ginsburg
Download or read book Constitutions in Authoritarian Regimes written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2014 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.
Download or read book China, Democracy, and Law written by and published by BRILL. This book was released on 2021-12-06 with total page 925 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume deals with such essential questions as: What points of departure, or resources, can be identified in Chinese history and culture for what we call 'democracy'? What are, and have been, their potential for development in a modern China confronted with powerful Western influences? Are there any connections between imperial China’s strong legal tradition and the PRC’s current endeavour to restore the rule of law, in a context of legal globalization in which China itself is an important participant? How serious, or superficial, should the political opening which started in the 1980s be regarded, and the discourse on human rights currently heard in official circles? And finally, how relevant is Taiwan’s experiment with democratic institutions? In this rich and inspiring volume, foremost French scholars carefully clarify the process of political and legal change, convincingly showing that these questions cannot be answered without a proper understanding of centuries of Chinese juridical, philosophical, religious and political thought. Ouvrage publié avec le soutien du Centre national du livre/ Published with financial support by the Centre national du livre.
Book Synopsis Constitutional Development in China, 1982-2012 by :
Download or read book Constitutional Development in China, 1982-2012 written by and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents an overview of the evolution of the current Chinese Constitution (1982) and the characteristics of constitutional studies since 1978. Readers are introduced to the basic principles of constitutional system in China and gain insights into the real state of Chinese law, allowing them to form their own opinions. It will also aid commercial communications with Chinese legal professionals as well as enterprises. The book covers a number of topics, including the history of constitutional communication between Chinese constitutionalists and the International Association of Constitutional Law since 1981, the most important academic contributions to international conferences concerning constitutional law by Chinese constitutionalists, the main characteristics of the current Chinese Constitution in the field of constitutional studies in China, the key issues of constitutional practice and implementation in China, the challenges of running the fundamental political system of the People's Representative Congress and the characteristics of rule of law specific to China.--
Book Synopsis In the Name of Justice by : Weifang He
Download or read book In the Name of Justice written by Weifang He and published by Brookings Institution Press. This book was released on 2012-11-05 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of all the issues presented by China’s ongoing economic and sociopolitical transformation, none may ultimately prove as consequential as the development of the Chinese legal system. Even as public demand for the rule of law grows, the Chinese Communist Party still interferes in legal affairs and continues in its harsh treatment of human rights lawyers and activists. Both the frequent occurrences of social unrest in recent years and the growing tension between China’s various interest groups underline the urgency of developing a sound and sustainable legal system. As one of China’s most influential law professors, He Weifang has been at the forefront of the country’s treacherous path toward justice and judicial independence for over a decade. Among his many remarkable endeavors was a successful petition in 2003 that abolished China’s controversial regulations permitting the internment and deportation of urban “vagrants,” bringing to an end two decades of legal discrimination against migrant workers. His bold remarks at the famous New Western Hills Symposium in 2006, including his assertion that “China’s party-state structure violates the PRC Constitution,” are considered a watershed moment in the century-long movement for a constitutional China. With In the Name of Justice, He presents his critical assessment of the state of Chinese legal reform. In addition to a selection of his academic writings, this unique book also includes many of He Weifang’s public speeches, media interviews, and open letters, providing additional insight into his dual roles as thinker and practitioner in the Chinese legal world. Among the topics covered are judicial independence, judicial review, legal education, capital punishment, and the legal protection of free speech and human rights. The volume also offers a historical review of the evolution of Chinese traditional legal thought, enhanced by cross-country comparisons. A proponent of reform rather than revolution, He believes only true constitutionalism can guarantee social justice and enduring stability for China. "He Weifang has argued for two decades that rule of law, however inconvenient at times to some of those who govern, must be embraced because it is ultimately the most reliable protector of the interests of the country, of the average citizen, and, in fact, even of those who govern."—from the Foreword by John L. Thornton, chairman, Brookings Institution Board of Trustees and Professor and Director of Global Leadership at Tsinghua University "What struck me—and shocked me as a foreign visitor—was not only that the entire discussion was explicitly critical of the Chinese Communist Party for its resistance to any meaningful judicial reform, but also that the atmosphere was calm, reasonable, and marked by a sense of humor and sophistication in the expression of ideas."—from the Introduction by Cheng Li, director of research and senior fellow at the John L. Thornton China Center at Brookings
