The constitution of China: a contextual analysis

Abstract

1 A Century of Turmoil: An Overview of China's Constitutional Reform and Revolutions I. Introduction: The Dawn of a Constitutional Moment II. Constitutional Elements in the Ancient Regime and Their Limitations III. The First Republic: The Nationalist Revolution of 1911 IV. Why Revolutions Fail to Bring about Constitutionalism Further Reading 2 The New Constitutional Order of the People's Republic I. The Second Republic: The Communist Revolution of 1949 II. The 1982 Constitution III. Constitutional Amendments IV. Constitutional Transformations Further Reading 3 Governing the Goliath: China's Central and Local Relations I. Introduction: The Sun Zhigang Tragedy II. The Constitutional Landscape III. Keeping Laws in Order IV. Bottom-Up or Top-Down? Rule of the Party Reinforced V. Pluralism within a Unitary System Further Reading 4 Democracy with Chinese Characteristics? The Role of the People's Congresses I. Introduction: Supremacy by Rubber Stamp? II. The National People's Congress (NPC) III. The NPC Standing Committee (NPCSC) IV. Local People's Congresses (LPCs) V. How to Make Democracy Work Further Reading 5 Administration of the State According to Law I. The Central Government II. Local Government III. Toward Administrative Rule of Law? Further Reading 6 De-politicising the Judiciary I. Introduction: Establishing Judicial Review? II. Judicial Structure and Functions III. Judicial Reform: Necessities, Possibilities, Limits Further Reading 7 The Contemporary Rights Revolution: Life, Liberty, Property and Equality I. Introduction: Back to the Sun Zhigang Model II. Equality III Liberty IV. Property Further Reading 8 Still Dormant: Political and Religious Rights I. Introduction: What the Sun Zhigang Model Cannot Do II. Freedom of Speech III. Freedom of Religion IV The Right to Election Further Reading 9 Conclusion: The Future of China's Constitutionalism I. Back to 1911? The On-going Saga of China's Constitutional Journey II. Toward the Third Republic? The Future of China's Constitutionalism Further Reading