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Chinese Constitutionalism in a Global Context

Peng Chengyi

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Hardback

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English
Routledge
20 August 2018
Over the course of the last three 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.

By:  
Imprint:   Routledge
Country of Publication:   United Kingdom
Dimensions:   Height: 246mm,  Width: 174mm, 
Weight:   422g
ISBN:   9781409454106
ISBN 10:   140945410X
Series:   Globalization: Law and Policy
Pages:   144
Publication Date:  
Audience:   College/higher education ,  General/trade ,  Primary ,  ELT Advanced
Format:   Hardback
Publisher's Status:   Active
"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"

"Chengyi (Andrew) Peng attained his PhD degree in the Department of Public and Social Administration at City University of Hong Kong. He was the first student to be supported by China's ""Project of Hope"" to study abroad and attained 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, classical political thought, and political thoughts in contemporary China. He is currently a member of the International Society for Comparative Studies of Chinese and Western Philosophy. He will shortly take up a position at the Chinese Academy of Social Sciences in Beijing."

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