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  • © 2009

Building Constitutionalism in China

Palgrave Macmillan

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Table of contents (15 chapters)

  1. Front Matter

    Pages i-x
  2. Introduction: Exploring for Constitutionalism in 21st Century China

    1. Introduction: Exploring for Constitutionalism in 21st Century China

      • Stéphanie Balme, Michael W. Dowdle
      Pages 1-20
  3. Transmitting Constitutionalism: Judicial Power and the Justice System

    1. Front Matter

      Pages 141-141
    2. Beyond “Judicial Power”: Courts and Constitutionalism in Modern China

      • Stéphanie Balme, Michael W. Dowdle
      Pages 199-218

About this book

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.

Reviews

"Dealing with constitutionalism in China was a risky bet. It meant giving an account of an uncertain and sometimes chaotic process in the making, while avoiding all sorts of interpretations, be they radical skepticism or legal do-gooderism. The result is truly successful, and the comparison with other traditions - an indispensable reference - does not alter the relevance of the Chinese specificity that should interest the international community of legal specialists. This book will encourage constitutional law scholars and all legal professionals (including judges aswell asjudicial cooperation drafters) to meditate on the issue as it shows that constitutionalism not only concerns the Constitution and its official interpreters, but that in China it represents a real movement and the wake of a legal consciousness. Instructive and inspiring." - Judge Antoine Garapon

"This volume achieves the rarest of academic feats: it is both a major contribution to the study of modern China and a major contribution to the study of constitutionalism. Historically rich and theoretically sophisticated, the chapters take Chinese constitutionalism on its own terms. Collectively, they unearth antecedents, evaluate recent developments, and identify future trajectories. In doing so, the authors not only illuminate China but also provide an important mirror on Western thinking about constitutions and constitutionalism. This is essential reading for students of East Asia and comparative law." - Tom Ginsburg, University of Chicago Law School

"For an authoritarian system, China has surprisingly robust rule-of-law values built into its constitution.Even more surprisingly, despite the continued vitality of one-party rule, the constitution has exerted growing influence on academic discussion, judicial behavior, and local administration.In this volume, a roster of distinguished Chinese, European, and American contributors probe beneath the surface to show how an emerging constitutionalist trend is softening, although not yet replacing, arbitrary rule.They capture the complexity of Chinese trends with rare sophistication and reawaken our sense of the openness of China s future." - Andrew J. Nathan, Class of 1919 Professor of Political Science, Columbia University

About the authors


STEPHANIE BALME is a Research Fellow at CERI, the Center for International Research and Studies, Sciences Po, France.
MICHAEL DOWDLE is a former fellow at the Australian National University Regulatory Institutions Network, Australia.

Bibliographic Information

Buy it now

Buying options

eBook USD 89.00
Price excludes VAT (USA)
  • Available as PDF
  • Read on any device
  • Instant download
  • Own it forever

Tax calculation will be finalised at checkout

Other ways to access