Building Constitutionalism in China
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.
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Building Constitutionalism in China Edited by Stéphanie Balme and Michael W. Dowdle
BUILDING CONSTITUTIONALISM IN CHINA
Copyright © Stéphanie Balme and Michael W. Dowdle, 2009. Softcover reprint of the hardcover 1st edition 2009 978-0-230-60032-4 All rights reserved. First published in 2009 by PALGRAVE MACMILLAN® in the United States—a division of St. Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Where this book is distributed in the UK, Europe and the rest of the world, this is by Palgrave Macmillan, a division of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN 978-1-349-36978-2
ISBN 978-0-230-62395-8 (eBook)
DOI 10.1057/9780230623958
Library of Congress Cataloging-in-Publication Data Building constitutionalism in China / edited by Stéphanie Balme and Michael W. Dowdle. p. cm.—(Sciences Po series in international relations and political economy) Based on an international conference on “Constitutionalism and Judicial Power in China” at Sciences Po (CERI) in Paris in December 2005—Preface. Includes bibliographical references and index. 1. Constitutional law—China—Congresses. I. Balme, Stéphanie. II. Dowdle, Michael W. KNQ2069.B85 2008 342.51—dc22
2009002720
A catalogue record of the book is available from the British Library. Design by Newgen Imaging Systems (P) Ltd., Chennai, India. First edition: October 2009 10 9 8 7 6 5 4 3 2 1
CON T E N T S
Contributors
vii
Acknowledgments
ix
One
Introduction: Exploring for Constitutionalism in 21st Century China Stéphanie Balme and Michael W. Dowdle
1
Part 1 Constitutionalism as Envisioning the State Two
“Judicial Politics” as State-Building Zhu Suli
23
Three Of Constitutions and Constitutionalism: Trying to Build a New Political Orde
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