The Constitutional and Legal Development of the Chinese Presidency

The Constitutional and Legal Development of the Chinese Presidency PDF Author: Zhang Runhua
Publisher: Lexington Books
ISBN: 0739189905
Category : Political Science
Languages : en
Pages : 245

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Book Description
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.

The Constitutional and Legal Development of the Chinese Presidency

The Constitutional and Legal Development of the Chinese Presidency PDF Author: Zhang Runhua
Publisher: Lexington Books
ISBN: 0739189905
Category : Political Science
Languages : en
Pages : 245

Get Book Here

Book Description
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.

Constitutional Courts in Asia

Constitutional Courts in Asia PDF Author: Hongyi Chen
Publisher: Cambridge University Press
ISBN: 110719508X
Category : Law
Languages : en
Pages : 407

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Book Description
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

The People Themselves

The People Themselves PDF Author: Larry Kramer
Publisher: Oxford University Press, USA
ISBN: 9780195306453
Category : History
Languages : en
Pages : 380

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Book Description
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.

Courts, Politics and Constitutional Law

Courts, Politics and Constitutional Law PDF Author: Martin Belov
Publisher: Routledge
ISBN: 1000707970
Category : Law
Languages : en
Pages : 189

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Book Description
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.

A Confucian Constitutional Order

A Confucian Constitutional Order PDF Author: Jiang Qing
Publisher: Princeton University Press
ISBN: 0691173575
Category : Philosophy
Languages : en
Pages : 267

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Book Description
English translation of materials from a workshop on Confucian constitutionalism in May 2010 at the City University of Hong Kong.

Constitutions in Authoritarian Regimes

Constitutions in Authoritarian Regimes PDF Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 1107047668
Category : Law
Languages : en
Pages : 283

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Book Description
This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

Science and Technology Governance and Ethics

Science and Technology Governance and Ethics PDF Author: Miltos Ladikas
Publisher: Springer
ISBN: 3319146939
Category : Science
Languages : en
Pages : 173

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Book Description
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.

Understanding China's Political System

Understanding China's Political System PDF Author: Susan Lawrence
Publisher: Createspace Independent Publishing Platform
ISBN: 9781477566725
Category : China
Languages : en
Pages : 38

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Book Description
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.

Comparative Constitutional Design

Comparative Constitutional Design PDF Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 1107020565
Category : Law
Languages : en
Pages : 407

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Book Description
Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.

China/Taiwan

China/Taiwan PDF Author: Shirley A. Kan
Publisher: DIANE Publishing
ISBN: 1437988083
Category : History
Languages : en
Pages : 86

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Book Description
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.