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Building Constitutionalism in ChinaBeyond “Judicial Power”: Courts and Constitutionalism in Modern China

Building Constitutionalism in China: Beyond “Judicial Power”: Courts and Constitutionalism in... [Since the turn of the new century, there has been an explosion of popular constitutional discourse in China. However, the courts seem curiously absent from this emergence. Standard constitutional thought, at least as it comes out of the Anglo-American world, tends to view neutral and independent courts—and in particular “judicial review”—as the centerpiece of a functional constitutional system. Is China a case of “constitutionalism without courts?” (cf Dowdle 2002). Or does the apparent lack of judicial presence in this new discourse render this discourse developmentally meaningless, a mere anomaly in a larger trajectory that is fatally stalled? (see Pei 2006).] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Building Constitutionalism in ChinaBeyond “Judicial Power”: Courts and Constitutionalism in Modern China

Part of the The Sciences Po Series in International Relations and Political Economy Book Series
Editors: Balme, Stéphanie; Dowdle, Michael W.
Balme, Stéphanie; Dowdle, Michael W.
Building Constitutionalism in China — Nov 18, 2015
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Publisher
Palgrave Macmillan US
Copyright
© Palgrave Macmillan, a division of Nature America Inc. 2009
ISBN
978-1-349-36978-2
Pages
199 –218
DOI
10.1057/9780230623958_12
Publisher site
See Chapter on Publisher Site

Abstract

[Since the turn of the new century, there has been an explosion of popular constitutional discourse in China. However, the courts seem curiously absent from this emergence. Standard constitutional thought, at least as it comes out of the Anglo-American world, tends to view neutral and independent courts—and in particular “judicial review”—as the centerpiece of a functional constitutional system. Is China a case of “constitutionalism without courts?” (cf Dowdle 2002). Or does the apparent lack of judicial presence in this new discourse render this discourse developmentally meaningless, a mere anomaly in a larger trajectory that is fatally stalled? (see Pei 2006).]

Published: Nov 18, 2015

Keywords: Chinese Communist Party; Cultural Revolution; Party Leadership; Greek Tragedy; Judicial Power

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