The Development Of Constitutionalism In The Transition Of Chinese Society

Analysing the transformations that China has undertaken since 1989, Wang Hui argues that it features elements of the new global order as a whole in which considerations of economic growth and development have trumped every other concern, particularly democracy and social justice.

This book is a grand review of the centurial development of rule of law in China. It covers the most important issues in this area and presents “political constitution,” a new interpretative framework that allows the Chinese experience of rule of law to be more fully and correctly expressed. It is especially useful to scholars involved in the study of modern China. The main chapters of this book include: The Constituent Movement in the Late Qing Dynasty; The Xinhai (1911) Revolution; Constitution-making at the Beginning of the Republic of China; The Great Revolution in the 1920s; The Rise of the Party State and its Transition; The Founding of 1949 New China and its Early Constitutional Development; and The Dualist System of Rule of Law in the Reforming Times.

This book is dedicated to Joachim Jens Hesse, a scholar whose multi-faceted work may be characterised as an attempt at "crossing borders" in several respects. These primarily include fostering interdisciplinary cooperation between law, economics and social sciences, analysing public sector developments in an international and intercultural perspective as well as bridging the "gap" between academia and practical politics. Therefore, the volume deals with a subject that covers these features in an exemplary manner: the interrelationship between nation-state constitutions and their international environments. In this context, ongoing processes of transnationalisation have not only contributed to blurring the formerly clear-cut boundaries between these two domains, but also provoked a growing interest in and demand for comparative, interdisciplinary and applied research on constitutional developments. The authors of this Festschrift include eminent lawyers, economists and political scientists from Europe, the United States and East Asia who worked together with Joachim Jens Hesse in various contexts.

Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.

China's path to political reform over the last three decades has been slow, but discourse among Chinese political scientists continues to be vigorous and forward thinking. China's Political Development offers a unique look into the country's evolving political process by combining chapters authored by twelve prominent Chinese political scientists with an extensive commentary on each chapter by an American scholar of the Chinese political system. Each chapter focuses on a major aspect of the development of the Chinese Party-state, encompassing the changing relations among its constituent parts as well as its evolving approaches toward economic gorwth, civil society, grassroots elections, and the intertwined problems of supervision and corruption. Together, these analyses highlight the history, strategy, policies, and implementation of governance reforms since 1978 and the authors' recommendations for future changes. This extensive work provides the deep background necessary to understand the sociopolitical context and intellectual currents. behind the reform agenda announced at the landmark Third Plenum in 2013. Shedding light through contrasting perspectives, the book provides an overview of the efforts China has directed toward developing good governance, the challenges it faces, and its future direction.

The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.