Jiang Shigong on "Written and Unwritten Constitutions" and Their Relevance to Chinese Constitutionalism

Research output: Contribution to journalArticle

3 Citations (Scopus)

Abstract

Chinese constitutionalism is usually analyzed and found wanting in the West. The deficiencies of Chinese constitutionalism stem in part from its differences from the forms and sensibilities of governmental organization common in the West. But constitutionalism ought not to be reversed engineered to support a particular approach to its operationalization. This article considers the extent to which Chinese constitutionalism is both true to emerging global principles of constitutionalism and how those principles might be applied in a distinctly Chinese way while remaining true to the objectives of transnational constitutionalist principles. The constitutionally significant distinction at the root of the Chinese way of constitutionalism lies in its separation of powers doctrine, one that divides power between political and administrative functions and which does not vest the whole of the power of state in a government. The examination is undertaken through a close engagement with Jiang Shigong's study of the foundations of Chinese constitutionalism within the context of universalist principles of legitimate constitutional expression.

Original languageEnglish (US)
Pages (from-to)119-132
Number of pages14
JournalModern China
Volume40
Issue number2
DOIs
StatePublished - Mar 1 2014

Fingerprint

political power
constitutionalism
constitution
stem
separation of powers
operationalization
Constitution
Constitutionalism
doctrine
organization
examination

All Science Journal Classification (ASJC) codes

  • Geography, Planning and Development
  • History
  • Sociology and Political Science

Cite this

@article{fb92c0ffee7c4063ad602c4b62f896e1,
title = "Jiang Shigong on {"}Written and Unwritten Constitutions{"} and Their Relevance to Chinese Constitutionalism",
abstract = "Chinese constitutionalism is usually analyzed and found wanting in the West. The deficiencies of Chinese constitutionalism stem in part from its differences from the forms and sensibilities of governmental organization common in the West. But constitutionalism ought not to be reversed engineered to support a particular approach to its operationalization. This article considers the extent to which Chinese constitutionalism is both true to emerging global principles of constitutionalism and how those principles might be applied in a distinctly Chinese way while remaining true to the objectives of transnational constitutionalist principles. The constitutionally significant distinction at the root of the Chinese way of constitutionalism lies in its separation of powers doctrine, one that divides power between political and administrative functions and which does not vest the whole of the power of state in a government. The examination is undertaken through a close engagement with Jiang Shigong's study of the foundations of Chinese constitutionalism within the context of universalist principles of legitimate constitutional expression.",
author = "Backer, {Larry Cata}",
year = "2014",
month = "3",
day = "1",
doi = "10.1177/0097700413511316",
language = "English (US)",
volume = "40",
pages = "119--132",
journal = "Modern China",
issn = "0097-7004",
publisher = "SAGE Publications Inc.",
number = "2",

}

Jiang Shigong on "Written and Unwritten Constitutions" and Their Relevance to Chinese Constitutionalism. / Backer, Larry Cata.

In: Modern China, Vol. 40, No. 2, 01.03.2014, p. 119-132.

Research output: Contribution to journalArticle

TY - JOUR

T1 - Jiang Shigong on "Written and Unwritten Constitutions" and Their Relevance to Chinese Constitutionalism

AU - Backer, Larry Cata

PY - 2014/3/1

Y1 - 2014/3/1

N2 - Chinese constitutionalism is usually analyzed and found wanting in the West. The deficiencies of Chinese constitutionalism stem in part from its differences from the forms and sensibilities of governmental organization common in the West. But constitutionalism ought not to be reversed engineered to support a particular approach to its operationalization. This article considers the extent to which Chinese constitutionalism is both true to emerging global principles of constitutionalism and how those principles might be applied in a distinctly Chinese way while remaining true to the objectives of transnational constitutionalist principles. The constitutionally significant distinction at the root of the Chinese way of constitutionalism lies in its separation of powers doctrine, one that divides power between political and administrative functions and which does not vest the whole of the power of state in a government. The examination is undertaken through a close engagement with Jiang Shigong's study of the foundations of Chinese constitutionalism within the context of universalist principles of legitimate constitutional expression.

AB - Chinese constitutionalism is usually analyzed and found wanting in the West. The deficiencies of Chinese constitutionalism stem in part from its differences from the forms and sensibilities of governmental organization common in the West. But constitutionalism ought not to be reversed engineered to support a particular approach to its operationalization. This article considers the extent to which Chinese constitutionalism is both true to emerging global principles of constitutionalism and how those principles might be applied in a distinctly Chinese way while remaining true to the objectives of transnational constitutionalist principles. The constitutionally significant distinction at the root of the Chinese way of constitutionalism lies in its separation of powers doctrine, one that divides power between political and administrative functions and which does not vest the whole of the power of state in a government. The examination is undertaken through a close engagement with Jiang Shigong's study of the foundations of Chinese constitutionalism within the context of universalist principles of legitimate constitutional expression.

UR - http://www.scopus.com/inward/record.url?scp=84893711181&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=84893711181&partnerID=8YFLogxK

U2 - 10.1177/0097700413511316

DO - 10.1177/0097700413511316

M3 - Article

AN - SCOPUS:84893711181

VL - 40

SP - 119

EP - 132

JO - Modern China

JF - Modern China

SN - 0097-7004

IS - 2

ER -