Chinese Legal Culture and Constitutional Order

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Publisher : Routledge
ISBN 13 : 0429515537
Total Pages : 174 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Chinese Legal Culture and Constitutional Order by : Shiping Hua

Download or read book Chinese Legal Culture and Constitutional Order written by Shiping Hua and published by Routledge. This book was released on 2019-03-27 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines China’s striving for a constitutional order in the 20th century from comparative, historical, and theoretical perspectives. Through a comprehensive study of six major constitutional reforms experienced by China in the last century, Shiping Hua explores pragmatism, instrumentalism, statism, and favoritism as the key features of the Chinese legal culture. Demonstrating that these characteristics have roots in China’s ancient past and coincide with modern communist legal theory, it argues that Chinese legal culture has greatly impacted upon the country’s move to modernize its legal system. By analyzing key constitutional periods in China’s history, this book also evaluates patterns that can be used to better comprehend not only China’s present legal reform but its future legal developments too. As the first book to examine how the Chinese legal culture has affected constitutional reform in the 20th century, Chinese Legal Culture and Constitutional Order will be useful to students and scholars of Asian and constitutional law, as well as Chinese Studies more generally. Winner of the 2019 ACPSS (Association of Chinese Professors of Social Sciences in the United States) Best Scholarly Publication Award for Original Research.

Constitutional Reform and the Future of the Republic of China

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Publisher : M.E. Sharpe
ISBN 13 : 9780873328807
Total Pages : 206 pages
Book Rating : 4.3/5 (288 download)

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Book Synopsis Constitutional Reform and the Future of the Republic of China by : Harvey Feldman

Download or read book Constitutional Reform and the Future of the Republic of China written by Harvey Feldman and published by M.E. Sharpe. This book was released on 1991 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conference that forms the basis for this book was held in Taipei in 1989. With contributions by political figures from both the Kuomintang and the opposition Democratic Progressive Party, as well as leading scholars from Taiwan and the US, this book discusses the critical issues affecting the future of Taiwan. The book discusses Taiwan's economic achievements, its pathbreaking experiments with political reform, its unique patterns of political participation, its example as a fully modernized Chinese cultural community, its importance in the world trading system, and its key role in Pacific Basin international relations. It also discusses how these factors have made Taiwan a focus of interest for students of economic development, comparative politics and international relations.

Constitutionalism beyond Liberalism

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Publisher : Cambridge University Press
ISBN 13 : 1316943089
Total Pages : 375 pages
Book Rating : 4.3/5 (169 download)

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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.

A Confucian Constitutional Order

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Publisher : Princeton University Press
ISBN 13 : 0691173575
Total Pages : 267 pages
Book Rating : 4.6/5 (911 download)

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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 2016-11-08 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: English translation of materials from a workshop on Confucian constitutionalism in May 2010 at the City University of Hong Kong.

The Cambridge Companion to Comparative Constitutional Law

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Publisher : Cambridge University Press
ISBN 13 : 1107167817
Total Pages : 653 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Cambridge Companion to Comparative Constitutional Law by : Roger Masterman

Download or read book The Cambridge Companion to Comparative Constitutional Law written by Roger Masterman and published by Cambridge University Press. This book was released on 2019-10-03 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.

Constitutional Courts in Asia

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Publisher : Cambridge University Press
ISBN 13 : 110719508X
Total Pages : 407 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Constitutional Courts in Asia by : Hongyi Chen

Download or read book Constitutional Courts in Asia written by Hongyi Chen and published by Cambridge University Press. This book was released on 2018-09-20 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

The Constitution of Taiwan

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Author :
Publisher :
ISBN 13 : 9781509905591
Total Pages : pages
Book Rating : 4.9/5 (55 download)

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Book Synopsis The Constitution of Taiwan by : Jiunn-rong Yeh

Download or read book The Constitution of Taiwan written by Jiunn-rong Yeh and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

China/Taiwan

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Publisher : DIANE Publishing
ISBN 13 : 1437988083
Total Pages : 86 pages
Book Rating : 4.4/5 (379 download)

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Book Synopsis China/Taiwan by : Shirley A. Kan

Download or read book China/Taiwan written by Shirley A. Kan and published by DIANE Publishing. This book was released on 2011 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite apparently consistent statements in 4 decades, the U.S. ¿one China¿ policy concerning Taiwan remains somewhat ambiguous and subject to different interpretations. Apart from questions about what the ¿one China¿ policy entails, issues have arisen about whether U.S. Presidents have stated clear positions and have changed or should change policy, affecting U.S. interests in security and democracy. Contents of this report: (1) U.S. Policy on ¿One China¿: Has U.S. Policy Changed?; Overview of Policy Issues; (2) Highlights of Key Statements by Washington, Beijing, and Taipei: Statements During the Admin. of Nixon, Ford, Carter, Reagan, George H. W. Bush, Clinton, George W. Bush, Clinton, and Obama. A print on demand report.

In the Name of Justice

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Publisher : Brookings Institution Press
ISBN 13 : 0815722915
Total Pages : 324 pages
Book Rating : 4.8/5 (157 download)

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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

The Politics of Rights and the 1911 Revolution in China

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Publisher : Stanford University Press
ISBN 13 : 1503601099
Total Pages : 514 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis The Politics of Rights and the 1911 Revolution in China by : Xiaowei Zheng

Download or read book The Politics of Rights and the 1911 Revolution in China written by Xiaowei Zheng and published by Stanford University Press. This book was released on 2018-01-23 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A fascinating story . . . worth the attention of every student of modern China.” —The Journal of Asian Studies China’s 1911 Revolution was a momentous political transformation. Its leaders, however, were not rebellious troublemakers on the periphery of imperial order. On the contrary, they were a powerful political and economic elite deeply entrenched in local society and well-respected both for their imperially sanctioned cultural credentials and for their mastery of new ideas. The revolution they spearheaded produced a new, democratic political culture that enshrined national sovereignty, constitutionalism, and the rights of the people as indisputable principles. Based upon previously untapped Qing and Republican sources, The Politics of Rights and the 1911 Revolution in China is a nuanced and colorful chronicle of the revolution as it occurred in local and regional areas. Xiaowei Zheng explores the ideas that motivated the revolution, the popularization of those ideas, and their animating impact on the Chinese people at large. The focus of the book is not on the success or failure of the revolution, but rather on the transformative effect that revolution has on people and what they learn from it.

Constitutions in Authoritarian Regimes

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Publisher : Cambridge University Press
ISBN 13 : 1107047668
Total Pages : 283 pages
Book Rating : 4.1/5 (7 download)

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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.

Useful Bullshit

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Publisher : Cornell University Press
ISBN 13 : 1501761293
Total Pages : 171 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Useful Bullshit by : Neil J. Diamant

Download or read book Useful Bullshit written by Neil J. Diamant and published by Cornell University Press. This book was released on 2022-01-15 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Useful Bullshit Neil J. Diamant pulls back the curtain on early constitutional conversations between citizens and officials in the PRC. Scholars have argued that China, like the former USSR, promulgated constitutions to enhance its domestic and international legitimacy by opening up the constitution-making process to ordinary people, and by granting its citizens political and socioeconomic rights. But what did ordinary officials and people say about their constitutions and rights? Did constitutions contribute to state legitimacy? Over the course of four decades, the PRC government encouraged millions of citizens to pose questions about, and suggest revisions to, the draft of a new constitution. Seizing this opportunity, people asked both straightforward questions like "what is a state?", but also others that, through implication, harshly criticized the document and the government that sponsored it. They pressed officials to clarify the meaning of words, phrases, and ideas in the constitution, proposing numerous revisions. Despite many considering the document "bullshit," successive PRC governments have promulgated it, amending the constitution, debating it at length, and even inaugurating a "Constitution Day." Drawing upon a wealth of archival sources from the Maoist and reform eras, Diamant deals with all facets of this constitutional discussion, as well as its afterlives in the late '50s, the Cultural Revolution, and the post-Mao era. Useful Bullshit illuminates how the Chinese government understands and makes use of the constitution as a political document, and how a vast array of citizens—police, workers, university students, women, and members of different ethnic and religious groups—have responded.

Building the Rule of Law in China

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Publisher : Elsevier
ISBN 13 : 008102231X
Total Pages : 353 pages
Book Rating : 4.0/5 (81 download)

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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 353 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

Constitutional Law in China

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403507322
Total Pages : 206 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 206 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.

Language Policy in the People’s Republic of China

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Publisher : Springer Science & Business Media
ISBN 13 : 1402080387
Total Pages : 345 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Language Policy in the People’s Republic of China by : Minglang Zhou

Download or read book Language Policy in the People’s Republic of China written by Minglang Zhou and published by Springer Science & Business Media. This book was released on 2004-08-27 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Language matters in China. It is about power, identity, opportunities, and, above all, passion and nationalism. During the past five decades China’s language engineering projects transformed its linguistic landscape, affecting over one billion people’s lives, including both the majority and minority populations. The Han majority have been juggling between their home vernaculars and the official speech, Putonghua – a speech of no native speakers – and reading their way through a labyrinth of the traditional, simplified, and Pinyin (Roman) scripts. Moreover, the various minority groups have been struggling between their native languages and Chinese, maintaining the former for their heritages and identities and learning the latter for quality education and socioeconomic advancement. The contributors of this volume provide the first comprehensive scrutiny of this sweeping linguistic revolution from three unique perspectives. First, outside scholars critically question the parities between constitutional rights and actual practices and between policies and outcomes. Second, inside policy practitioners review their own project involvements and inside politics, pondering over missteps, undergoing soul-searching, and theorizing their personal experiences. Third, scholars of minority origin give inside views of policy implementations and challenges in their home communities. The volume sheds light on the complexity of language policy making and implementing as well as on the politics and ideology of language in contemporary China.

The Compelling Ideal

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Publisher : Yale University Press
ISBN 13 : 0300185944
Total Pages : 416 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis The Compelling Ideal by : Jan Kiely

Download or read book The Compelling Ideal written by Jan Kiely and published by Yale University Press. This book was released on 2014-05-27 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking volume, based on extensive research in Chinese archives and libraries, Jan Kiely explores the pre-Communist origins of the process of systematic thought reform or reformation (ganhua) that evolved into a key component of Mao Zedong’s revolutionary restructuring of Chinese society. Focusing on ganhua as it was employed in China’s prison system, Kiely’s thought-provoking work brings the history of this critical phenomenon to life through the stories of individuals who conceptualized, implemented, and experienced it, and he details how these techniques were subsequently adapted for broader social and political use.

Legal Reforms in China and Vietnam

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Author :
Publisher : Routledge
ISBN 13 : 1136978429
Total Pages : 436 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis Legal Reforms in China and Vietnam by : John Gillespie

Download or read book Legal Reforms in China and Vietnam written by John Gillespie and published by Routledge. This book was released on 2010-09-13 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the adoption of market reforms has been a key factor leading to China’s recent economic growth, China continues to be governed by a communist party and has a socialist-influenced legal system. Vietnam, starting later, also with a socialist-influenced legal system, has followed a similar reform path, and other countries too are now looking towards China and Vietnam as models for development. This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and raising important questions such as: Is there a distinctive Chinese model, and/or a more general East Asian Model? If so, can it be flexibly applied to social and economic conditions in different countries? If it cannot be applied to a culturally and politically similar country like Vietnam, is the model transportable elsewhere in the world? Combining ‘micro’ or interpretive methods with ‘macro’ or structural traditions, the book provides a nuanced account of legal reforms in China and Vietnam, highlighting the factors likely to promote, change or resist the spread of the Chinese model.