The constitution of China : a contextual analysis.

Format:

Book

Author/Creator:

Zhang, Qianfan, 1964-

Contributor:

Charles H. Maxson Fund.

Series:

Constitutional systems of the world

Language:

English

Subjects (All):

Constitutional law--China.

Constitutional law.

China.

Physical Description:

xxxiii, 281 pages ; 22 cm.

Place of Publication:

Oxford ; Portland, Or. : Hart Pub., 2012.

Summary:

"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"--Page 4 of cover.

Contents:

1 A Century of Turmoil: An Overview of China's Constitutional Reform and Revolutions 1

I Introduction: The Dawn of a Constitutional Moment 1

II Constitutional Elements in the Ancient Regime and Their Limitations 5

III The First Republic: The Nationalist Revolution of 1911 18

IV Why Revolutions Fail to Bring about Constitutionalism 33

Further Reading 38

2 The New Constitutional Order of the People's Republic 39

I The Second Republic: The Communist Revolution of 1949 40

II The 1982 Constitution 48

III Constitutional Amendments 55

IV Constitutional Transformations 59

Further Reading 74

3 Governing the Goliath: China's Central and Local Relations 75

I Introduction: The Sun Zhigang Tragedy 75

II The Constitutional Landscape 81

III Keeping Laws in Order 84

IV Bottom-Up or Top-Down? Rule of the Party Reinforced 97

V Pluralism within a Unitary System 108

Further Reading 118

4 Democracy with Chinese Characteristics? The Role of the People's Congresses 121

I Introduction: Supremacy by Rubber Stamp? 121

II The National People's Congress (NPC) 124

III The NPC Standing Committee (NPCSC 130

IV Local People's Congresses (LPCs) 138

V How to Make Democracy Work 143

Further Reading 147

5 Administration of the State According to Law 149

I The Central Government 150

II Local Government 156

III Toward Administrative Rule of Law? 160

Further Reading 169

6 De-politicising the Judiciary 171

I Introduction: Establishing Judicial Review? 173

II Judicial Structure and Functions 176

III Judicial Reform: Necessities, Possibilities, Limits 185

Further Reading 196

7 The Contemporary Rights Revolution: Life, Liberty, Property and Equality 197

I Introduction: Back to the Sun Zhigang Model 197

II Equality 198

III Liberty 207

IV Property 215

Further Reading 222

8 Still Dormant: Political and Religious Rights 223

I Introduction: What the Sun Zhigang Model Cannot Do 223

II Freedom of Speech 225

III Freedom of Religion 241

IV The Right to Election 250

Further Reading 258

9 Conclusion: The Future of China's Constitutionalism 259

I Back to 1911? The On-going Saga of China's Constitutional Journey 259

II Toward the Third Republic? The Future of China's Constitutionalism 262

Further Reading 264.

Local Notes:

Acquired for the Penn Libraries with assistance from the Charles H. Maxson Fund.

ISBN:

9781841137407

1841137405

OCLC:

808082620

Publisher Number:

99982118779