Chinese Constitutionalism in a Global Context

Chinese Constitutionalism in a Global Context
Author: Peng Chengyi
Publisher: Routledge
Total Pages: 280
Release: 2018-08-06
Genre: Law
ISBN: 1317167074

Download Chinese Constitutionalism in a Global Context Book in PDF, Epub and Kindle

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

Global Constitutionalism from European and East Asian Perspectives
Author: Takao Suami
Publisher: Cambridge University Press
Total Pages: 625
Release: 2018-11-29
Genre: History
ISBN: 1108417116

Download Global Constitutionalism from European and East Asian Perspectives Book in PDF, Epub and Kindle

Examines and compares East Asian and European perspectives of Global Constitutionalism.

The Constitution of China

The Constitution of China
Author: Qianfan Zhang
Publisher: Bloomsbury Publishing
Total Pages: 316
Release: 2012-08-01
Genre: Law
ISBN: 1847319912

Download The Constitution of China Book in PDF, Epub and Kindle

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

Chinese Perspectives on the International Rule of Law
Author: Matthieu Burnay
Publisher: Edward Elgar Publishing
Total Pages: 295
Release: 2018-07-27
Genre: Law
ISBN: 1788112393

Download Chinese Perspectives on the International Rule of Law Book in PDF, Epub and Kindle

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

Human Rights and Good Governance
Author: Wei Zhang
Publisher: Martinus Nijhoff Publishers
Total Pages: 362
Release: 2016-03-11
Genre: Law
ISBN: 9004308776

Download Human Rights and Good Governance Book in PDF, Epub and Kindle

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

Constitutional Law in China
Author: Xu Chongde
Publisher: Kluwer Law International B.V.
Total Pages: 160
Release: 2019-02-14
Genre: Law
ISBN: 9403507322

Download Constitutional Law in China Book in PDF, Epub and Kindle

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

The Constitutional Identity of Contemporary China
Author: Han Zhai
Publisher: BRILL
Total Pages: 291
Release: 2019-12-16
Genre: Law
ISBN: 9004388141

Download The Constitutional Identity of Contemporary China Book in PDF, Epub and Kindle

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.

Building Constitutionalism in China

Building Constitutionalism in China
Author: S. Balme
Publisher: Springer
Total Pages: 327
Release: 2009-09-28
Genre: Political Science
ISBN: 0230623956

Download Building Constitutionalism in China Book in PDF, Epub and Kindle

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.

Constitutionalism in Context

Constitutionalism in Context
Author: David S. Law
Publisher:
Total Pages: 612
Release: 2022-02-09
Genre: Law
ISBN: 1108674267

Download Constitutionalism in Context Book in PDF, Epub and Kindle

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.