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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
English translation of materials from a workshop on Confucian constitutionalism in May 2010 at the City University of Hong Kong.
The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.
Constructs an original dialogue between constitutional law, film, and identity by using Hong Kong as a case study.
"Before the next National Congress of the Communist Party of China, due in November 2022, President Xi Jinping will be removed from office by a coup d'état mounted by rivals in the top leadership who will end the tyranny of the one-party dictatorship and launch a transition to democracy and the rule of law. The main body of this book, Part 2, explains why it will happen. Parts 1 and 3 tell how it may happen"--
Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.
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.
China today is never out of the news: from human rights controversies and the continued legacy of Tiananmen Square, to global coverage of the Beijing Olympics, and the Chinese 'economic miracle'. It seems a country of contradictions: a peasant society with some of the world's most futuristic cities, heir to an ancient civilization that is still trying to find a modern identity. This Very Short Introduction offers the reader with no previous knowledge of China a variety of ways to understand the world's most populous nation, giving a short, integrated picture of modern Chinese society, culture, economy, politics and art. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
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.
Language matters in China. It is about power, identity, opportunities, and, above all, passion and nationalism. During the past five decades China’s language engineering projects transformed its linguistic landscape, affecting over one billion people’s lives, including both the majority and minority populations. The Han majority have been juggling between their home vernaculars and the official speech, Putonghua – a speech of no native speakers – and reading their way through a labyrinth of the traditional, simplified, and Pinyin (Roman) scripts. Moreover, the various minority groups have been struggling between their native languages and Chinese, maintaining the former for their heritages and identities and learning the latter for quality education and socioeconomic advancement. The contributors of this volume provide the first comprehensive scrutiny of this sweeping linguistic revolution from three unique perspectives. First, outside scholars critically question the parities between constitutional rights and actual practices and between policies and outcomes. Second, inside policy practitioners review their own project involvements and inside politics, pondering over missteps, undergoing soul-searching, and theorizing their personal experiences. Third, scholars of minority origin give inside views of policy implementations and challenges in their home communities. The volume sheds light on the complexity of language policy making and implementing as well as on the politics and ideology of language in contemporary China.