Chinese-Style Constitutionalism

@article{Shigong2014ChineseStyleC,
  title={Chinese-Style Constitutionalism},
  author={Jiang Shigong},
  journal={Modern China},
  year={2014},
  volume={40},
  pages={133 - 167}
}
Currently, besides traditional national constitutionalism, there are three general approaches to constitutionalism in the world: transnational constitutionalism, theocratic constitutionalism, and party-state constitu-tionalism. The focus of this article is on Larry Backer’s research concerning China’s party-state system. Party-state constitutionalism is rooted in Marxism-Leninism, and was initially put into practice by the former Soviet Union. The People’s Republic of China in its early years… 
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References

SHOWING 1-10 OF 33 REFERENCES
The Party as Polity, the Communist Party, and the Chinese Constitutional State: A Theory of State-Party Constitutionalism
Since the establishment of the Soviet Union, constitutional theory has tended to look suspiciously at the constitutionalization of Marxist Leninist state apparatus under the control of a single party
Written and Unwritten Constitutions: A New Approach to the Study of Constitutional Government in China
Criticizing the formalism in China’s constitutional studies over the past 30 years and following an empirical-historical perspective to deal with the dilemma of representation and practice, the
God(s) Over Constitutions: International and Religious Transnational Constitutionalism in the 21st Century
With the adoption of the Iraqi and Afghani constitutions in the early 21st century, after substantial American prodding, constitutionalism has entered a new phase. This new phase upsets the system of
A Constitutional Court for China within the Chinese Communist Party: Scientific Development and the Institutional Role of the CCP
One of the great current debates in Chinese constitutional law is the role of constitutional review within the Chinese legal-political system. This paper looks at the recent work of Chinese
The Rule of Law, the Chinese Communist Party, and Ideological Campaigns: Sange Daibiao (the 'Three Represents'), Socialist Rule of Law, and Modern Chinese Constitutionalism
Since the middle of the last century, the ideal of constitutional legitimacy has been grounded on the foundation of the concept of the rule of law. The rule of law is usually understood in two
From Constitution to Constitutionalism: A Global Framework for Legitimate Public Power Systems
Academic and policy engagements with constitutions and constitutionalism have largely been built around unstated frameworks within which legitimated activity can take place. The essay suggests both
Bringing the Party Back in: How China is governed
With 66 million members in its ranks, the Chinese Communist Party (CCP) is the largest ruling party in the world. Yet, for two decades, the CCP has been marginalised in the field of China study,
China's Communist Party: Atrophy and Adaptation
China's Communist Party: Atrophy and Adaptation, by David Shambaugh. Washington: Woodrow Wilson Center Press; Berkeley: University of California Press, 2008. xvi + 234 pp. US$39.95/£23.95
Remaking the CCP's Ideology: Determinants, Progress, and Limits under Hu Jintao
Two decades after the predicted “end of ideology”, we are observing a re-emphasis on party ideology under Hu Jintao. The paper looks into the reasons for and the factors shaping the re-formulation of
The Origins of Totalitarianism
The vast majority of all human beings alive on earth is affected in some measure by the totalitarian mass movements of our time. Whether men are members, supporters, fellow-travellers, naive
...
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