Catalogue

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The constitution of China : a contextual analysis /
Qianfan Zhang.
imprint
Oxford ; Portland, OR : Hart Publishing; 2012.
description
xxxiii, 281 p. ; 22 cm.
ISBN
1841137405 (pbk.), 9781841137407 (pbk.)
format(s)
Book
Holdings
More Details
imprint
Oxford ; Portland, OR : Hart Publishing; 2012.
isbn
1841137405 (pbk.)
9781841137407 (pbk.)
contents note
A century of turmoil : an overview of China's constitutional reform and revolutions -- The new constitutional order of the People's Republic -- Governing the Goliath : China's central and local relations -- Democracy with Chinese characteristics? : the role of the People's Congresses -- Administration of the state according to the law -- De-politicising the judiciary -- The contemporary rights revolution : life, liberty, property and equality -- Still dormant : political and religious rights -- Conclusion : the future of China's constitutionalism.
catalogue key
8535977
 
Includes bibliographical references and index.
A Look Inside
About the Author
Author Affiliation
Qianfan Zhang is a Professor in the School of Law at Peking University.
Full Text Reviews
Appeared in Choice on 2013-07-01:
This intriguing and insightful volume by Zhang (Peking Univ., China) seeks to provide an overview of China's constitutional history and present arrangements. Chapters 1 and 2 review China's constitutional history, its Confucian antecedents, and the turbulent century that led to the 1982 Constitution. Chapters 3 through 6 discuss the relationships among the central government and the regions, the role of the Party and the People's Congress, the meaning of the socialist rule of law, and the politicizing/depoliticizing of the judiciary. Chapters 7 through 9 examine the major developments in human rights and their deficiencies. The author believes that the vast majority in China "remains politically passive under a regime that effectively discourages political participation and makes elections meaningless performances," and that "the Chinese people need to transform themselves from subjects of a despotic regime ... into citizens with a republican spirit." Summing Up: Highly recommended. General readers, undergraduate students, graduate students, and research faculty. S. K. Ma California State University, Los Angeles
Reviews
Review Quotes
...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. BarberLaw Quarterly ReviewVolume 129
[An] intriguing and insightful volume [that is] highly recommended.S. K. MaCHOICE (Current Reviews for Academic Libraries)July 2013...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. BarberLaw Quarterly ReviewVolume 129
This item was reviewed in:
Choice, July 2013
To find out how to look for other reviews, please see our guides to finding book reviews in the Sciences or Social Sciences and Humanities.
Summaries
Bowker Data Service Summary
Offering a critical perspective for the evaluation of the nature and role of the constitution and constitutional reform in China, this text explores the reforms in the context of the country's continuing economic reforms.
Description for Reader
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.
Main Description
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 sys
Main Description
This 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.
Main Description
This 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. The first part of the book 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. This section also examines the distinctive features of China's current Constitution. The second part of the book introduces the institutional structure defined in the current Constitution: the relationship between the Center 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 final section 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 toward the future of the People's Congress and Chinese constitutionalism. In sum, it offers a readable account of the salient features of Chinese constitutional developments in all major areas. (Series: Constitutional Systems of the World)
Table of Contents
Prefacep. v
Glossary of Termsp. xi
Table of Acronymsp. xvii
Table of Casesp. xix
Table of Legislationp. xxi
A Century of Turmoil: An Overview of China's Constitutional Reform and Revolutionsp. 1
Introduction: The Dawn of a Constitutional Momentp. 1
Constitutional Elements in the Ancient Regime and Their Limitationsp. 5
The First Republic: The Nationalist Revolution of 1911p. 18
Why Revolutions Fail to Bring about Constitutionalismp. 33
Further Readingp. 38
The New Constitutional Order of the People's Republicp. 39
The Second Republic: The Communist Revolution of 1949p. 40
The 1982 Constitutionp. 48
Constitutional Amendmentsp. 55
Constitutional Transformationsp. 59
Further Readingp. 74
Governing the Goliath: China's Central and Local Relationsp. 75
Introduction: The Sun Zhigang Tragedyp. 75
The Constitutional Landscapep. 81
Keeping Laws in Orderp. 84
Bottom-Up or Top-Down? Rule of the Party Reinforcedp. 97
Pluralism within a Unitary Systemp. 108
Further Readingp. 118
Democracy with Chinese Characteristics? The Role of the People's Congressesp. 121
Introduction: Supremacy by Rubber Stamp?p. 121
The National People's Congress (NPC)p. 124
The NPC Standing Committee (NPCSCp. 130
Local People's Congresses (LPCs)p. 138
How to Make Democracy Workp. 143
Further Readingp. 147
Administration of the State According to Lawp. 149
The Central Governmentp. 150
Local Governmentp. 156
Toward Administrative Rule of Law?p. 160
Further Readingp. 169
De-politicising the Judiciaryp. 171
Introduction: Establishing Judicial Review?p. 173
Judicial Structure and Functionsp. 176
Judicial Reform: Necessities, Possibilities, Limitsp. 185
Further Readingp. 196
The Contemporary Rights Revolution: Life, Liberty, Property and Equalityp. 197
Introduction: Back to the Sun Zhigang Modelp. 197
Equalityp. 198
Libertyp. 207
Propertyp. 215
Further Readingp. 222
Still Dormant: Political and Religious Rightsp. 223
Introduction: What the Sun Zhigang Model Cannot Dop. 223
Freedom of Speechp. 225
Freedom of Religionp. 241
The Right to Electionp. 250
Further Readingp. 258
Conclusion: The Future of China's Constitutionalismp. 259
Back to 1911? The On-going Saga of China's Constitutional Journeyp. 259
Toward the Third Republic? The Future of China's Constitutionalismp. 262
Further Readingp. 264
Indexp. 265
Table of Contents provided by Ingram. All Rights Reserved.

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