Description
Book SynopsisThis book on China's constitution and its tradition of constitutionalism is one of the first in the English language, and as such provides a much needed overview of China's constitutional history and present arrangements. The nine chapters are divided into three parts. The first part (Chapters 1 & 2) deals with China's constitutional history, its indigenous and Confucian antecedents, as well as the turbulent century which led up to the 1982 Constitution and the new order which this ushered in. The second chapter deals with the distinctive features of its current constitution. The second part (Chapters 3-6) introduces the institutional structure defined in the current constitution - the relationship between the Centre and the Regions, the role of the party and the role of the People's Congress, the meaning of the socialist rule of law, and the independence of the judiciary. The third part (Chapters 7-9) discusses the major developments in human rights and their deficiencies - the protection offered to life, liberty, property and equality, and at the same time the currently dormant areas of political and religious freedom. The book concludes with a chapter looking forward to the future of the People's Congress and Chinese constitutionalism. In sum, the book offers a readable account of the salient features of Chinese constitutional developments in all major areas.
Trade Review[An] intriguing and insightful volume [that is] highly recommended. -- S. K. Ma * CHOICE (Current Reviews for Academic Libraries) *
...a clear, concise, and accurate account of China's constitution. ...a good and brave book. It cannot have been an easy book to commission, and those at Hart Publishing deserve credit for its production... Anyone interested in China should read it – but the book merits a readership beyond these specialists. All of those interested in constitutions will find the book of considerable value, even if they would not normally read a volume on China. The challenges and debates that are found in the Chinese constitution have much to teach us about our own constitutional order, and about the significance of constitutions more generally. -- N. W. Barber * Law Quarterly Review, Volume 129 *
Table of Contents1 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
