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Vol 22 No 9 Sept/Oct 2017

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Corruption and Misuse of Public Office

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The Constitution China: A Contextual Analysis


ISBN13: 9781841137407
Published: August 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £20.99



Despatched in 4 to 6 days.

Also available as
£16.66
+ £3.33 VAT

This book offers a critical perspective for the evaluation of the nature and role of the constitution and of constitutional reform in China.

China now represents a highly unusual combination of socio-historical circumstances in which a socialist legal system, headed by a communist party, is with apparent success abandoning many key features of the socialist tradition in the pursuit of a market economy and private rights in property.

A particularly interesting feature of the Chinese case is that the constitutional basis for China's apparently highly-successful programme of economic reform is one developed for the Soviet Union some seventy years ago. It is thus an early case of a socialist legal transplant, and one that has outlived its progenitor by many decades. Even amongst socialist systems the Chinese case is especially interesting.

China has remained fairly true to the original template: not only did the People's Republic of China ('PRC') in its 1982 Constitution retain the Stalinist model (albeit with an essentially Presidential constitutional form), it did so with a strong emphasis on ideology and a continuing commitment to communist party leadership.

Subjects:
Other Jurisdictions , China
Contents:
1. A Century of Turmoil: An Overview of China's Constitutional Reform and Revolutions
I. Introduction: The Dawn of a Constitutional Moment
II. Constitutional Elements in the Ancient Regime and Their Limitations
III. The First Republic: The Nationalist Revolution of 1911
IV. Why Revolutions Fail to Bring about Constitutionalism
Further Reading
2. The New Constitutional Order of the People's Republic
I. The Second Republic: The Communist Revolution of 1949
II. The 1982 Constitution
III. Constitutional Amendments
IV. Constitutional Transformations
Further Reading
3. Governing the Goliath: China's Central and Local Relations
I. Introduction: The Sun Zhigang Tragedy
II. The Constitutional Landscape
III. Keeping Laws in Order
IV. Bottom-Up or Top-Down? Rule of the Party Reinforced
V. Pluralism within a Unitary System
Further Reading
4. Democracy with Chinese Characteristics? The Role of the People's Congresses
I. Introduction: Supremacy by Rubber Stamp?
II. The National People's Congress (NPC)
III. The NPC Standing Committee (NPCSC)
IV. Local People's Congresses (LPCs)
V. How to Make Democracy Work
Further Reading
5. Administration of the State According to Law
I. The Central Government
II. Local Government
III. Toward Administrative Rule of Law?
Further Reading
6. De-politicising the Judiciary
I. Introduction: Establishing Judicial Review?
II. Judicial Structure and Functions
III. Judicial Reform: Necessities, Possibilities, Limits
Further Reading
7. The Contemporary Rights Revolution: Life, Liberty, Property and Equality
I. Introduction: Back to the Sun Zhigang Model
II. Equality
III Liberty
IV. Property
Further Reading
8. Still Dormant: Political and Religious Rights
I. Introduction: What the Sun Zhigang Model Cannot Do
II. Freedom of Speech
III. Freedom of Religion
IV The Right to Election
Further Reading
9. Conclusion: The Future of China's Constitutionalism
I. Back to 1911? The On-going Saga of China's Constitutional Journey
II. Toward the Third Republic? The Future of China's Constitutionalism
Further Reading

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Constitution of Canada: A Contextual Analysis ISBN 9781841133638
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Constitution of Mexico: A Contextual Analysis (eBook) ISBN 9781782251330
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The Constitution of Germany: A Contextual Analysis ISBN 9781841138688
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The Constitution of Finland: A Contextual Analysis ISBN 9781841138541
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The Constitution of South Africa: A Contextual Analysis ISBN 9781841137377
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The Constitution of Italy: A Contextual Analysis
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The Constitution of Ireland: A Contextual Analysis
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