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The Constitutional Identity of Contemporary China by Han Zhai Pdf
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 CONSTITUTIONAL LANDSCAPE IN CONTEMPORARY CHINA by Qianfan Zhang (张千帆） Pdf
In the past two decades, China has endured, together with the rest of the world, two pandemics originating in Guangdong and Wuhan. While the severity and management of these pandemics varied, they both stemmed from the same root cause—the absence of constitutional enforcement and protection of fundamental rights such as freedom of speech and press. In the global village today, especially given China’s size and impact, the Chinese constitutional democracy is critical not only for China itself, but also for the whole world. Largely following China’s current (1982) Constitution, this book aims to produce a contemporary “landscape” of Chinese constitutional developments in essentially all major areas. Despite the lack of constitutional enforcement and serious backlashes in recent years, the author believes that the Constitution still matters, as China has achieved significant de facto progress in human rights and the rule of law since its Reform and Opening in 1978. Particularly, increasing number of citizens are becoming aware of their constitutional rights, which they are eager to defend in their interest. Ultimately, the future of China (and the world) depends on the efforts of the people themselves to promote its constitutional reforms and enforcement
Constitutional Identity and Constitutionalism in Africa by Charles M Fombad,Nico Steytler Pdf
This book in the Stellenbosch Handbooks in African Constitutional Law series provides a critical analysis of existing paradigms, concepts, and normative ideologies of modern African constitutional identity.
A Confucian Constitutional Order by Jiang Qing Pdf
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.
Routledge Handbook of Constitutional Law in Greater China by Ngoc Son Bui,Stuart Hargreaves,Ryan Mitchell Pdf
The Handbook of Constitutional Law in Greater China surveys important issues of constitutional law in Mainland China, Hong Kong, Macau, and Taiwan. It synthesizes existing scholarship, debates, and views on important constitutional issues in the four jurisdictions. Written by a range of scholars, it contributes to both national and comparative scholarship on constitutional law in these jurisdictions. The book includes four parts: Part I: History. This part explores the constitutional movement of the Qing dynasty; constitutional projects in modern China; and aspects of the drafting and implementation history of the Hong Kong and Macau Basic Laws Part II: Structure. This part discusses the relationship between the party-state and the Chinese constitutional order; Chinese constitutionalism; constitutional aspects of city development under the SAR concept; constitutional review in Mainland China; a history of Taiwan’s ‘Council of Grand Justices’; and judicial review in both Hong Kong and Macau Part III: Rights, Society, and Economy. This part deals with Hong Kong’s National Security Law and its impact on the ‘one country, two systems model’; social movements and constitutionalism; LGBT rights advocacy; the integration of capitalist regions within socialist China; the constitutional relevance of labour reforms in Mainland China; healthcare rights in both the Mainland and the SARS; and foreign investment under Art. 18 of the PRC Constitution Part IV: Transnational Engagement. This part surveys comparative writings on China’s constitution; the influence of international human rights treaties on China’s constitutional order; the international dimension of Hong Kong’s constitutional order; and the changing role of the ‘overseas judges’ in Hong Kong Exploring both historical and cutting-edge constitutional issues, this reference book is important reading for law researchers, lawyers, graduate students, undergraduates, and practitioners in the field of constitutional law and politics in Mainland China, Taiwan, Hong Kong, and Macau.
Deciphering the Genome of Constitutionalism by Ran Hirschl,Yaniv Roznai Pdf
"Featuring key scholars of comparative constitutionalism, constitutional theory, and constitutional politics, this book provides a comprehensive, theoretical, comparative, normative, and empirical account of the concept of constitutional identity. It will appeal to scholars, students, jurists, and constitutional drafters alike"--
Constitutional Change in the Contemporary Socialist World by Ngoc Son Bui Pdf
After the collapse of the Soviet bloc, there are only five socialist or communist countries left in the world China, Cuba, Laos, North Korea, and Vietnam which constitute about one-quarter of the world's population. Yet, there is little scholarship on their constitutions. These countries have seen varying socioeconomic changes in the decades since 1991, which have led in turn to constitutional changes. This book will investigate, from a comparative and interdisciplinary perspective, how and why the constitutional systems in these five countries have changed in the last three decades. The book then breaks the constitutional changes down into four questions: what are the substantive contents of constitutional change, what are the functions, what are the mechanisms, and what are the driving forces? These questions form a framework to process the changes the five countries have gone through, such as making new constitutions, amending current ones, introducing more rights, allowing citizens to engage in changes, enacting legislation, and defining the constitutional authority of the three state branches and their relationship with the Communist Party. While all five countries have adapted their constitutional systems, the degree, mechanisms, and influential factors are not identical and present considerable variations. This book examines and explores these differences and how they developed. Constitutional Change in the Contemporary Socialist World offers a comprehensive and holistic view of an understudied and overlooked area of constitutional law, essential for anyone studying or working in law, politics, or policy.
European Yearbook of Constitutional Law 2020 by Ernst Hirsch Ballin,Gerhard van der Schyff,Maarten Stremler,Maartje De Visser Pdf
The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This second volume examines the constitutional positioning of cities across space and time. Unrelenting urbanisation means that most people are, or soon will be, living in cities and that city administrations become, in many respects, their quintessential governing units. Cities are places where State power is operationalised and concretised; where laws and government policies transform from parchment objectives to practical realities. In a similar vein, cities are also places for the realisation of the constitutional rights and liberties enjoyed by individuals. The book is organised around three sets of relations that await further unpacking in theory as well as practice: that between cities and other institutions in the national constitutional architecture; that between cities and their inhabitants; and that between cities and international organisations. The contributions to this book show the marked diversity in the role and powers available to cities in Europe and beyond, and identify principles and approaches to help stipulate new ways of thinking about the legal role and relevance of cities going forward. Ernst Hirsch Ballin is distinguished university professor at Tilburg University and vice-dean for research of Tilburg Law School. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is lecturer at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at SMU School of Law, Singapore.
Author : David S. G. Goodman Publisher : John Wiley & Sons Page : 272 pages File Size : 41,5 Mb Release : 2014-10-13 Category : Social Science ISBN : 9780745687308
Class in Contemporary China by David S. G. Goodman Pdf
Choice Outstanding Academic Title for 2015 More than three decades of economic growth have led to significant social change in the People's Republic of China. This timely book examines the emerging structures of class and social stratification: how they are interpreted and managed by the Chinese Communist Party, and how they are understood and lived by people themselves. David Goodman details the emergence of a dominant class based on political power and wealth that has emerged from the institutions of the Party-state; a well-established middle class that is closely associated with the Party-state and a not-so-well-established entrepreneurial middle class; and several different subordinate classes in both the rural and urban areas. In doing so, he considers several critical issues: the extent to which the social basis of the Chinese political system has changed and the likely consequences; the impact of change on the old working class that was the socio-political mainstay of state socialism before the 1980s; the extent to which the migrant workers on whom much of the economic power of the PRC since the early 1980s has been based are becoming a new working class; and the consequences of China's growing middle class, especially for politics. The result is an invaluable guide for students and non-specialists interested in the contours of ongoing social change in China.
The Routledge Handbook of Comparative Territorial Autonomies by Brian C. H. Fong,Atsuko Ichijo Pdf
The Routledge Handbook of Comparative Territorial Autonomies affords a comprehensive, pioneering and interdisciplinary survey of this emerging field. Moving beyond traditionally narrower engagements with the subject, it combines approaches to comparative law and comparative politics to provide an authoritative guide to the principal theoretical and empirical topics in the area. Bringing together a team of cutting-edge scholars from different disciplines and continents, the volume illuminates the latest thinking and scholarship on comparative territorial autonomies. This Handbook is an authoritative, essential reference text for students, academics and researchers in its field. It will also be of key interest to those in the fields of comparative politics, comparative law, local/regional government, federalism, decentralisation and nationalism, as well as practitioners in think tanks, NGOs and international governmental organisations.
Paradigm Shifts in Chinese Studies by Shiping Hua Pdf
This book is a study of the change and continuity in paradigms in China studies, both inside and outside of China. In the last few years, the United States and China appeared to be moving in the direction of “de-coupling,” indicating that the engagement policy with China in the last four decade is ending. The “modernization theory” that is the theoretical foundation of the engagement policy has proved to be insufficient. This situation calls for a reexamination of the field of China studies. Historically, scholarly paradigms shifts often went hand in hand with drastic social change. As we have entered an era of great uncertainty, it is constructive to reflect on the paradigms in China studies in the past and explore the possibility of new paradigms in the future. How are the shifts of major theories, methods and paradigms in China studies in the west related to social change? How did some of China’s paradigms impact on the country’s social change and developments? This book will appeal to a wide readership, including scholars and graduate students, upper division undergraduate students of China studies, Asian studies.
Author : Alexandra Grey Publisher : Walter de Gruyter GmbH & Co KG Page : 360 pages File Size : 41,8 Mb Release : 2021-05-10 Category : Language Arts & Disciplines ISBN : 9781501512551
Language Rights in a Changing China by Alexandra Grey Pdf
China has had constitutional minority language rights for decades, but what do they mean today? Answering with nuance and empirical detail, this book examines the rights through a sociolinguistic study of Zhuang, the language of China’s largest minority group. The analysis traces language policy from the Constitution to local government practices, investigating how Zhuang language rights are experienced as opening or restricting socioeconomic opportunity. The study finds that language rights do not challenge ascendant marketised and mobility-focused language ideologies which ascribe low value to Zhuang. However, people still value a Zhuang identity validated by government policy and practice. Rooted in a Bourdieusian approach to language, power and legal discourse, this is the first major publication to integrate contemporary debates in linguistics about mobility, capitalism and globalization into a study of China’s language policy. The book refines Grey’s award-winning doctoral dissertation, which received the Joshua A. Fishman Award in 2018. The judges said the study “decenter[s] all types of sociolinguistic assumptions." It is a thought-provoking work on minority rights and language politics, relevant beyond China.
An expert’s take on how a coup in China could launch a transition to democracy. This short book predicts—contrary to the prevailing consensus—that China’s leader Xi Jinping will very soon be removed from office in a coup d’état mounted by rivals in the top leadership. The leaders of the coup will then end China’s one-party dictatorship and launch a transition to democracy and the rule of law. Long-time diplomat and development banker Roger Garside draws on his deep knowledge of Chinese politics and economics first to develop a detailed scenario of how these events may unfold, and then—in the main body of the book—to explain why. His gripping, persuasive account of how Chinese leaders plot and plan away from the public eye is unique in published literature. Garside argues that under Xi’s overconfident leadership, China is on a collision course with an America that is newly awakened out of complacency. As Xi’s rivals look abroad, they are alarmed that he is blind to the reactions that China’s actions have provoked from the world’s strongest power and its allies. In domestic affairs, Xi’s rivals recognize that economic and social change without political reform have created problems that require not just new leaders but a new system of government. Security abroad and stability at home demand a revolution to which Xi is implacably opposed. To save China—and themselves—from catastrophe, they must remove him and end the dictatorship he is determined to defend. But their will and capacity to do so depend crucially on how liberal democracies act. Garside’s scenario shows America leading its allies in creating the conditions in which Xi’s rivals move against him.
