Chinese Constitutionalism in a Global Context

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Publisher : Routledge
ISBN 13 : 1317167074
Total Pages : 280 pages
Book Rating : 4.3/5 (171 download)

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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.

Global Constitutionalism from European and East Asian Perspectives

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108417116
Total Pages : 625 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Global Constitutionalism from European and East Asian Perspectives by : Takao Suami

Download or read book Global Constitutionalism from European and East Asian Perspectives written by Takao Suami and published by Cambridge University Press. This book was released on 2018-11-29 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines and compares East Asian and European perspectives of Global Constitutionalism.

The Constitution of China

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847319912
Total Pages : 316 pages
Book Rating : 4.8/5 (473 download)

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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.

Chinese Perspectives on the International Rule of Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788112393
Total Pages : 295 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Chinese Perspectives on the International Rule of Law by : Matthieu Burnay

Download or read book Chinese Perspectives on the International Rule of Law written by Matthieu Burnay and published by Edward Elgar Publishing. This book was released on 2018-07-27 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.

Human Rights and Good Governance

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004308776
Total Pages : 362 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Human Rights and Good Governance by : Wei Zhang

Download or read book Human Rights and Good Governance written by Wei Zhang and published by Martinus Nijhoff Publishers. This book was released on 2016-03-11 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chinese Perspectives on Human Rights and Good Governance series reviews various aspects of human rights and good governance in China, including international human rights standards, specific substantive rights protection and rule of law, as well as constitutionalism, especially in the context of contemporary China. Its aim is to stimulate discussion on these and related topics, with a focus on international standards whenever these are applicable and relevant to China. In this first volume in the series, the contributors adopt different disciplinary approaches to look at China both in the context of its internal constraints and as a global player in the overall development of human rights. Where is China headed in the near future? Does Chinese culture stand in contradiction to human rights? Is the rule of law alien to Chinese society? Can China move ahead without political reforms? In this thought-provoking volume, leading Chinese and Western scholars offer analysis of these issues, also with reference to Chinese history and contemporary culture.

Constitutional Law in China

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403507322
Total Pages : 160 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Constitutional Law in China by : Xu Chongde

Download or read book Constitutional Law in China written by Xu Chongde and published by Kluwer Law International B.V.. This book was released on 2019-02-14 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in China provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in China will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

The Constitutional Identity of Contemporary China

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Publisher : BRILL
ISBN 13 : 9004388141
Total Pages : 291 pages
Book Rating : 4.0/5 (43 download)

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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.

The U.S. Constitution and the Development of Constitutionalism in China

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Author :
Publisher :
ISBN 13 :
Total Pages : 180 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis The U.S. Constitution and the Development of Constitutionalism in China by : Ray S. Cline

Download or read book The U.S. Constitution and the Development of Constitutionalism in China written by Ray S. Cline and published by . This book was released on 1988 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Building Constitutionalism in China

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Author :
Publisher : Springer
ISBN 13 : 0230623956
Total Pages : 327 pages
Book Rating : 4.2/5 (36 download)

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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 327 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.

China's National Security

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509928170
Total Pages : 304 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis China's National Security by : Cora Chan

Download or read book China's National Security written by Cora Chan and published by Bloomsbury Publishing. This book was released on 2020-03-05 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: All states are challenged by the need to protect national security while maintaining the rule of law, but the issue is particularly complex in the China–Hong Kong context. This timely and important book explores how China conceives of its national security and the position of Hong Kong. It considers the risks of introducing national security legislation in Hong Kong, and Hong Kong's sources of resilience against encroachments on its rule of law that may come under the guise of national security. It points to what may be needed to maintain Hong Kong's rule of law once China's 50-year commitment to its autonomy ends in 2047. The contributors to this book include world-renowned scholars in comparative public law and national security law. The collection covers a variety of disciplines and jurisdictions, and both scholarly and practical perspectives to present a forward-looking analysis on the rule of law in Hong Kong. It illustrates how Hong Kong may succeed in resisting pressure to advance China's security interests through repressive law. Given China's growing international stature, the book's reflections on China's approach to security have much to tell us about its potential impact on the global political, security, and economic order.

Constitutional Development in China, 1982-2012

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Author :
Publisher : Springer Nature
ISBN 13 : 981329261X
Total Pages : 426 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis Constitutional Development in China, 1982-2012 by : Lin Li

Download or read book Constitutional Development in China, 1982-2012 written by Lin Li and published by Springer Nature. This book was released on 2019-11-29 with total page 426 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.

Asian Constitutionalism in Transition

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Publisher : Giuffrè Editore
ISBN 13 : 8814144303
Total Pages : 391 pages
Book Rating : 4.8/5 (141 download)

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Book Synopsis Asian Constitutionalism in Transition by : Tania Groppi

Download or read book Asian Constitutionalism in Transition written by Tania Groppi and published by Giuffrè Editore. This book was released on 2008 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutionalism in Context

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Publisher :
ISBN 13 : 1108674267
Total Pages : 612 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Constitutionalism in Context by : David S. Law

Download or read book Constitutionalism in Context written by David S. Law and published by . This book was released on 2022-02-09 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.

Hong Kong Constitutionalism

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Publisher : Routledge
ISBN 13 : 0429842902
Total Pages : 168 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Hong Kong Constitutionalism by : Richard Cullen

Download or read book Hong Kong Constitutionalism written by Richard Cullen and published by Routledge. This book was released on 2020-02-04 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hong Kong is widely regarded as an exemplar of authoritarian jurisdictions with a positive history of adhering to Rule of Law–shaped governance systems. British Hong Kong provides a remarkable story of the effective development and consolidation of such a system, which has continued to apply since 1997, when it became the Hong Kong Special Administrative Region (HKSAR) within the People’s Republic of China (PRC). This book adopts a fresh approach in examining the evolution of Hong Kong’s political-legal experience. It establishes that these prominent governance achievements were built on particular British constitutional foundations forged over many centuries. The work shows how the analysis of the British theorist Albert Dicey and, in particular, “Diceyan Constitutionalism” was fundamental, within the pivotal context of “Chinese Familism”, in shaping the development of governance institutions and operational procedures within the new British Colony. It discusses how Hong Kong’s system of Authoritarian Legality has come to pass. Exploring the essence of that system, the study probes how thoroughly it has been stress-tested, not least in 2019, and how well it may be placed to cope with tests yet to come. It also analyzes Hong Kong–Beijing relations and the long-term prospects for the HKSAR within the PRC based on a balanced contemporary assessment of China’s exceptional One Party State.

Constitutionalism in Asia in the Early Twenty-First Century

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107043417
Total Pages : 453 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Constitutionalism in Asia in the Early Twenty-First Century by : Hongyi Chen

Download or read book Constitutionalism in Asia in the Early Twenty-First Century written by Hongyi Chen and published by Cambridge University Press. This book was released on 2014-04-17 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: A systematic and up-to-date account of constitutional developments in sixteen Asian countries, including analysis from a comparative perspective.

Democracy and the Rule of Law in China

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Publisher : BRILL
ISBN 13 : 9004182128
Total Pages : 312 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Democracy and the Rule of Law in China by : Keping Yu

Download or read book Democracy and the Rule of Law in China written by Keping Yu and published by BRILL. This book was released on 2010 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy and the Rule of Law in China is intended to make debates among prominent Chinese intellectuals and academics over issues of political, constitutional, and legal reform; modes of governance in urban and rural China; and culture and cultural policy available to English-language readers. The writers included in this book are individuals whose views have drawn some attention in the formulation of party and government policy, including the editor, Yu Keping, a prominent party intellectual and vice-director of the Central Compilation and Translation Bureau.

The Chinese Constitution

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Publisher :
ISBN 13 :
Total Pages : 348 pages
Book Rating : 4.3/5 (91 download)

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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: