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Books > Law > Jurisprudence & general issues > Comparative law
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Chinese Constitutionalism in a Global Context (Paperback)
Loot Price: R1,201
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Chinese Constitutionalism in a Global Context (Paperback)
Series: Globalization: Law and Policy
Expected to ship within 12 - 17 working days
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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.
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