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Article: The party's leadership as a living constitution in China
Title | The party's leadership as a living constitution in China |
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Authors | |
Issue Date | 2012 |
Citation | Hong Kong Law Journal, 2012, v. 42, n. 1, p. 73-93 How to Cite? |
Abstract | Different from the dominant approach in the Chinese constitutional studies which focuses narrowly on constitutional texts, this article examines the party's leadership from the perspective of living constitution. It explores the role of party's leadership in four constitutional areas: the relationship between the party and the congresses, party-court relations, central-local relations and citizens' basic rights. It argues that while the party's leadership is absolute, there remains room for innovation, development and power advancement for other state apparatuses and citizens' rights. This occurs because either the party's own interests so require, or it lacks capacity for effective control. These patterns allow us to understand the current and the future trajectories of China's constitutional development. |
Persistent Identifier | http://hdl.handle.net/10722/251024 |
ISSN | 2023 Impact Factor: 0.3 2020 SCImago Journal Rankings: 0.112 |
DC Field | Value | Language |
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dc.contributor.author | He, Xin | - |
dc.date.accessioned | 2018-02-01T01:54:22Z | - |
dc.date.available | 2018-02-01T01:54:22Z | - |
dc.date.issued | 2012 | - |
dc.identifier.citation | Hong Kong Law Journal, 2012, v. 42, n. 1, p. 73-93 | - |
dc.identifier.issn | 0378-0600 | - |
dc.identifier.uri | http://hdl.handle.net/10722/251024 | - |
dc.description.abstract | Different from the dominant approach in the Chinese constitutional studies which focuses narrowly on constitutional texts, this article examines the party's leadership from the perspective of living constitution. It explores the role of party's leadership in four constitutional areas: the relationship between the party and the congresses, party-court relations, central-local relations and citizens' basic rights. It argues that while the party's leadership is absolute, there remains room for innovation, development and power advancement for other state apparatuses and citizens' rights. This occurs because either the party's own interests so require, or it lacks capacity for effective control. These patterns allow us to understand the current and the future trajectories of China's constitutional development. | - |
dc.language | eng | - |
dc.relation.ispartof | Hong Kong Law Journal | - |
dc.title | The party's leadership as a living constitution in China | - |
dc.type | Article | - |
dc.description.nature | link_to_subscribed_fulltext | - |
dc.identifier.scopus | eid_2-s2.0-84874352135 | - |
dc.identifier.volume | 42 | - |
dc.identifier.issue | 1 | - |
dc.identifier.spage | 73 | - |
dc.identifier.epage | 93 | - |
dc.identifier.issnl | 0378-0600 | - |