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This book investigates the legal and political evolution of Chinese presidency from the period of its forerunner in the 1930s, its establishment in 1954 to its abolition in 1975, and its restoration in 1982, and discovers that the presidency has evolved from a traditional Chinese title into a political position and then a state institution that has the constitutional appearance of a Western style semi-presidency. However, politically it has functioned in a Stalinist party-state with Chinese characteristics, whose candidates have been produced according to the CCP’s step-by-step succession rules designated by the party leaders. Real political decision-making power has not only been limited by these succession rules, but also by the president's role and status within the CCP’s collective supreme body. The author weaves the themes of Chinese politics and law together and explores not only the political implications of those constitutional provisions and amendments regarding this office, but also the constitutional significance of the CCP’s major political practices, such as Mao Zedong’s “power of last say,” his idea of “two fronts,” his controversial abolition of the chairmanship, Deng Xiaoping’s idea of “the nucleus of leadership,” and “diplomacy of the head of state” by Chinese presidents, thus illuminating how law has been made in those unpredictable political environments and how politics has been defined by law. The author concludes that the office of president is the key to understanding how power in China derives first from the CCP, second from the military, and third from the government loosely prescribed by laws. Even more important, the millennia-old Confucian concept of the charismatic leader is alive and well. While all eyes are on the new incumbent, his predecessors have loomed large and continue to exert significant influence on him. Underlining decades of constitutional evolution and shifting political dynamics have been the changing foreign influences and local demands on China. With so many variables at play, the office of the president will certainly continue to evolve.
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
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.
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.
English translation of materials from a workshop on Confucian constitutionalism in May 2010 at the City University of Hong Kong.
This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.
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.
Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
This report is designed to provide Congress with a perspective on the contemporary political system of China, the only Communist Party-led authoritarian state in the G-20 grouping of major economies. China's Communist Party dominates state and society in China, is committed to maintaining a permanent monopoly on power, and is intolerant of those who question its right to rule. Nonetheless, analysts consider China's political system to be neither monolithic nor rigidly hierarchical. Jockeying among leaders and institutions representing different sets of interests is common at every level of the system.
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.