Chinese Constitutionalism in a Global Context: 1st Edition (Hardback) book cover

Chinese Constitutionalism in a Global Context

1st Edition

By Peng Chengyi


134 pages

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pub: 2018-08-20
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Over the course of the last four decades as China’s ideological realm has been transformed, it has become significantly more complicated. This is well illustrated in the current discourse concerning China’s constitutional future. Among Chinese intellectuals the liberal constitutionalism paradigm is widely accepted. However, more recently, this perspective has been challenged by mainland New Confucians and Sinicized Marxists alike. The former advocate a constitutionalism that is based upon and loyal to the Confucian tradition; while the latter has sought to theorize the current Chinese constitutional order and reclaim its legitimacy. This book presents a discussion of these three approaches, analyzing their respective strengths and weaknesses, and looking to the likely outcome. The study provides a clear picture of the current ideological debates in China, while developing a platform for the three schools and their respective constituencies to engage in dialogue, pluralize the conceptions of constitutionalism in academia, and shed light on the political path of China in the 21st Century. The consequences of this Chinese contribution to the global constitutionalism debate are significant. Notions of the meaning of democratic organization, of the nature of the division of authority between administrative and political organs, of the nature and role of political citizenship, of the construction of rights are all implicated. It is argued that China’s constitutional system, when fully theorized and embedded within the global discourse might serve, as the German Basic Law did in its time, as a model for states seeking an alternative approach to the legitimate construction of state, political structures and institutions.

Table of Contents

1. Introduction; 2. Conceptual Frameworks towards Constitutionalism in China; 3. Western Liberal Constitutionalism in China: Its History, Core Claims, and Challenges; 4. Traditional Confucian Constitutionalism: Current Explorations and Its Prospects; 5. Sinicized Marxist Constitutionalism: Its Emergence, Contents and Implications; 6. The Romance of "Three Constitutional Kingdoms": Who will Unify the World? 7. Implications for the World; Appendix Zhuangzi’s View on Non-action as the Panacea of Peace; Index

About the Author

PENG Chengyi is currently a full-time research fellow of the Institute of World Economics and Politics at the Chinese Academy of Social Sciences in Beijing. Previously he attained his PhD degree in the Department of Public and Social Administration at City University of Hong Kong and his BA and MA degrees in political science at St. Thomas University and University of British Columbia in Canada respectively. His research interests include constitutionalism, comparative political philosophy, world political thoughts and corruption prevention in contemporary China.

About the Series

Globalization: Law and Policy

Globalization: Law and Policy
Globalization: Law and Policy builds an integrated body of scholarship that critically addresses key issues and theoretical debates in comparative and transnational law. Volumes in the series focus on the consequential effects of globalization, including emerging frameworks and processes for the internationalization, legal harmonization, juridification, and democratization of law among increasingly connected political, economic, religious, cultural, ethnic, and other functionally differentiated governance communities. Legal systems, their harmonization and incorporation in other governance orders, and their relationship to globalization are taking on new importance within a coordinated network of domestic legal orders, the legal orders of groups of states, and the governance frameworks of non-state actors. These legal orders engage a number of important actors, sources, principles, and tribunals”including multinational corporations as governance entities, contract and surveillance as forms of governance that substitute for traditional law, sovereign wealth funds and other new forms of state activity, hybrid supra national entities like the World Bank and the International Monetary Fund, and international tribunals with autonomous jurisdiction, including the International Criminal Court, the World Trade Organization, and regional human rights courts. The effects have been profound, especially with respect to the role of states, and especially of the United States as its long time position in global affairs undergoes significant change. Comparative and transnational law serve as natural nexus points for vigorous and sometimes interdisciplinary approaches to the study of state and non-state law systems, along with their linkages and interactions. The series is intended as a resource for scholars, students, policy makers, and civil society actors, and includes a balance of theoretical and policy studies in single-authored volumes and collections of original essays.

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Subject Categories

BISAC Subject Codes/Headings:
LAW / Jurisprudence