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The Sciences Po Series in International Relations and Political Economy

Building Constitutionalism in China

Editors: Balme, S., Dowdle, Michael W. (Eds.)

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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.

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.

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


Table of contents (15 chapters)

  • Introduction: Exploring for Constitutionalism in 21st Century China

    Balme, Stéphanie (et al.)

    Pages 1-20

  • “Judicial Politics” as State-Building

    Suli, Zhu

    Pages 23-36

  • Of Constitutions and Constitutionalism: Trying to Build a New Political Order in China, 1908–1949

    Xiao-Planes, Xiaohong

    Pages 37-57

  • Epistrophy: Chinese Constitutionalism and the 1950s

    Tiffert, Glenn D.

    Pages 59-76

  • Middle Income Blues: The East Asian Model and Implications for Constitutional Development in China

    Peerenboom, Randall P.

    Pages 77-96

Buy this book

eBook $89.00
price for USA (gross)
  • ISBN 978-0-230-62395-8
  • Digitally watermarked, DRM-free
  • Included format: PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase

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Bibliographic Information

Bibliographic Information
Book Title
Building Constitutionalism in China
Editors
  • S. Balme
  • Michael W. Dowdle
Series Title
The Sciences Po Series in International Relations and Political Economy
Copyright
2009
Publisher
Palgrave Macmillan US
Copyright Holder
Palgrave Macmillan, a division of Nature America Inc.
eBook ISBN
978-0-230-62395-8
DOI
10.1057/9780230623958
Edition Number
1
Number of Pages
X, 325
Topics