The Limits of the Rule of Law in China


Book Description

In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.




The Cambridge Companion to Comparative Constitutional Law


Book Description

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.




An Introduction to the Study of the Law of the Constitution


Book Description

A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.




Constitutional Courts in Asia


Book Description

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




Constitutional Law in China


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in China provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in China will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.




Science and Technology Governance and Ethics


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.




Constitutions in Authoritarian Regimes


Book Description

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




The People Themselves


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


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.




Building Constitutionalism in China


Book Description

This volume unpacks the relationship between constitutionalism and judicial power in China. It explores how court behaviour intersects with - affects and is affected by - China's evolving notions of constitutionalism.