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This book is prepared primarily for students who are interested in studying the constitutional development and government structure of twentieth-century China. Since the emergence of the Chinese consti tutional movement at the end of the nineteenth century, political institutions in China have undergone constant changes. The first four chapters treat of constitutional development and government systems from the latter part of the Ch'ing dynasty to the re-unification of China by the Nationalist Party in 1928. The other eight chapters deal with the policies, programs, and institutions of the Nationalist and Commu nist governments up to 1962. While treatises on various subjects have been consulted, the sources of this book are chiefly based on the official documents from the collections as indicated in the bibliography. Materials in the first few chapters are partly drawn from my previous works on government and politics in China. Because of the immense scope of the subject and the intricacy of the problems involved, this work is not intended to be exhaustive, but is rather a brief description and discussion of each topic under consideration. As there are many valuable works on China in general as well as on her history and inter national relations, I have tried not to cover what has already been dealt with by others. In my presentation of facts and views, I have endeavored to be as objective as possible, personal political convictions notwithstanding.
What is "Chinese” about China’s modern state? This book proposes that the state we see today has developed over the past two centuries largely as a response to internal challenges emerging from the late empire. Well before the Opium War, Chinese confronted such constitutional questions as: How does the scope of political participation affect state power? How is the state to secure a share of society’s wealth? In response to the changing demands of the age, this agenda has been expressed in changing language. Yet, because the underlying pattern remains recognizable, the modernization of the state in response to foreign aggression can be studied in longer perspective. The author offers three concrete studies to illustrate the constitutional agenda in action: how the early nineteenth-century scholar-activist Wei Yuan confronted the relation between broadened political participation and authoritarian state power; how the reformist proposals of the influential scholar Feng Guifen were received by mainstream bureaucrats during the 1898 reform movement; and how fiscal problems of the late empire formed a backdrop to agricultural collectivization in the 1950s. In each case, the author presents the "modern” constitutional solution as only the most recent answer to old Chinese questions. The book concludes by describing the transformation of the constitutional agenda over the course of the modern period.
This book analyzes the possibilities for effective global governance of science in Europe, India and China. Authors from the three regions join forces to explore how ethical concerns over new technologies can be incorporated into global science and technology policies. The first chapter introduces the topic, offering a global perspective on embedding ethics in science and technology policy. Chapter Two compares the institutionalization of ethical debates in science, technology and innovation policy in three important regions: Europe, India and China. The third chapter explores public perceptions of science and technology in these same three regions. Chapter Four discusses public engagement in the governance of science and technology, and Chapter Five reviews science and technology governance and European values. The sixth chapter describes and analyzes values demonstrated in the constitution of the People’s Republic of China. Chapter Seven describes emerging evidence from India on the uses of science and technology for socio-economic development, and the quest for inclusive growth. In Chapter Eight, the authors propose a comparative framework for studying global ethics in science and technology. The following three chapters offer case studies and analysis of three emerging industries in India, China and Europe: new food technologies, nanotechnology and synthetic biology. Chapter 12 gathers all these threads for a comprehensive discussion on incorporating ethics into science and technology policy. The analysis is undertaken against the backdrop of different value systems and varying levels of public perception of risks and benefits. The book introduces a common analytical framework for the comparative discussion of ethics at the international level. The authors offer policy recommendations for effective collaboration among the three regions, to promote responsible governance in science and technology and a common analytical perspective in ethics.
English translation of materials from a workshop on Confucian constitutionalism in May 2010 at the City University of Hong Kong.
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
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
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.
In The Constitutional Identity of Contemporary China: The Unitary System and Its Internal Logic, Han Zhai offers a profound understanding of China’s constitutional history with her account of constitutional identity of multi-layered states in other parts of the world. This book successfully bridges China’s constitutional complex and the emerging common theory of constitutional law with methodological innovations. In constitutional comparison, this work’s treatment of the Kingdoms of Spain and the Netherlands provides effective structural and historical analysis. This book does not only awaken China’s constitutional identity in contemporary scholarship but also presents rich possibilities in the constitutional study and the way we understand a country’s fundamental arrangements in its national context