Over the course of the last four decades as China’s ideological realm has been transformed, it has become significantly more complicated. This is well illustrated in the current discourse concerning China’s constitutional future. Among Chinese intellectuals the liberal constitutionalism paradigm is widely accepted. However, more recently, this perspective has been challenged by mainland New Confucians and Sinicized Marxists alike. The former advocate a constitutionalism that is based upon and loyal to the Confucian tradition; while the latter has sought to theorize the current Chinese constitutional order and reclaim its legitimacy. This book presents a discussion of these three approaches, analyzing their respective strengths and weaknesses, and looking to the likely outcome. The study provides a clear picture of the current ideological debates in China, while developing a platform for the three schools and their respective constituencies to engage in dialogue, pluralize the conceptions of constitutionalism in academia, and shed light on the political path of China in the 21st Century. The consequences of this Chinese contribution to the global constitutionalism debate are significant. Notions of the meaning of democratic organization, of the nature of the division of authority between administrative and political organs, of the nature and role of political citizenship, of the construction of rights are all implicated. It is argued that China’s constitutional system, when fully theorized and embedded within the global discourse might serve, as the German Basic Law did in its time, as a model for states seeking an alternative approach to the legitimate construction of state, political structures and institutions.

The Handbook of Constitutional Law in Greater China surveys important issues of constitutional law in Mainland China, Hong Kong, Macau, and Taiwan. It synthesizes existing scholarship, debates, and views on important constitutional issues in the four jurisdictions. Written by a range of scholars, it contributes to both national and comparative scholarship on constitutional law in these jurisdictions. The book includes four parts: Part I: History. This part explores the constitutional movement of the Qing dynasty; constitutional projects in modern China; and aspects of the drafting and implementation history of the Hong Kong and Macau Basic Laws Part II: Structure. This part discusses the relationship between the party-state and the Chinese constitutional order; Chinese constitutionalism; constitutional aspects of city development under the SAR concept; constitutional review in Mainland China; a history of Taiwan’s ‘Council of Grand Justices’; and judicial review in both Hong Kong and Macau Part III: Rights, Society, and Economy. This part deals with Hong Kong’s National Security Law and its impact on the ‘one country, two systems model’; social movements and constitutionalism; LGBT rights advocacy; the integration of capitalist regions within socialist China; the constitutional relevance of labour reforms in Mainland China; healthcare rights in both the Mainland and the SARS; and foreign investment under Art. 18 of the PRC Constitution Part IV: Transnational Engagement. This part surveys comparative writings on China’s constitution; the influence of international human rights treaties on China’s constitutional order; the international dimension of Hong Kong’s constitutional order; and the changing role of the ‘overseas judges’ in Hong Kong Exploring both historical and cutting-edge constitutional issues, this reference book is important reading for law researchers, lawyers, graduate students, undergraduates, and practitioners in the field of constitutional law and politics in Mainland China, Taiwan, Hong Kong, and Macau.

In Climate Change Law in China in Global Context, seven climate change law scholars explain how the country’s legal system is gradually being mobilized to support the reduction of greenhouse gas emissions in China and achieve adaptation to climate change. There has been little English scholarship on the legal regime for climate change in China. This volume addresses this gap in the literature and focuses on recent attempts by the country to build defences against the impacts of climate change and to meet the country’s international obligations on mitigation. The authors are not only interested in China’s laws on paper; rather, the book explains how these laws are implemented and integrated in practice and sheds light on China’s current laws, laws in preparation, the changing standing of law relative to policy, and the further reforms that will be necessary in response to the 2015 Paris Agreement on Climate Change. This comprehensive and critical account of the Chinese legal system’s response to the pressures of climate change will be an important resource for scholars of international law, environmental law, and Chinese law.

This text promotes a more global sociolegal perspective that engages with multiple laws and societies and diverse sociolegal systems based on very different historical and cultural traditions, interacting on multiple local, national, and global levels. The approach to global legal pluralism seeks to provide a framework for envisioning new global governance regimes that move beyond state-based solutions to deal with trenchant transnational challenges.

Examines and compares East Asian and European perspectives of Global Constitutionalism.

"Featuring key scholars of comparative constitutionalism, constitutional theory, and constitutional politics, this book provides a comprehensive, theoretical, comparative, normative, and empirical account of the concept of constitutional identity. It will appeal to scholars, students, jurists, and constitutional drafters alike"--

Current histories seem to suggest that men alone have been capable of the development of ideas, analysis, and practice of international law until the 1990s. Is this the case? Or have others been erased from the collective images of this history, including the portrait gallery of notables in international law? Portraits of Women in International Law: New Names and Forgotten Faces? investigates the slow and late inclusion of women in the spheres of knowledge and power in international law. The forty-two textual and visual representations by a diverse team of passionate portraitists represent women and gender non-conforming people in international law from the fourteenth century onwards around the world: individuals and groups who imagined, developed, or contested international law; who earned their living in its institutions; or who, even indirectly, may have changed its course. This rich volume calls for a critical identification of the formal and informal institutional practices, norms, and rituals of (white) masculinities, both in the past and in the research of international law today. By abandoning reductive histories, their biased frames, and tacit assumptions, this work brings previously unseen glimpses of international law and its agents, ideas, causes, behaviour, norms, and social practices into the spotlight.

China as a place of isolation hiding from the world behind a great wall – an image which has become exposed as a pejorative cliché. However, The opposite is the case: The country has been immersed in transnational and transcultural exchange for centuries. China was, is and will be part of a global context. This volume sheds new light on the dimensions of China’s continuous engagement with the world: as an inspiration for European garden designers, as a participant in global dialogue on culture, law and innovative technology, as a destination for academics, business leaders and refugees, but also – and increasingly so – as a powerful political actor in Asia and throughout the world.

The election process reflects the essence of the electoral system. The justice of the electoral process can best reflect whether the electoral system is legitimate and democratic. The democratic and legal shortcomings of China's electoral system can be solved by rationalizing and democratizing the electoral process, which is consistent with the realization of justice under the electoral process. In this book, procedural justice is combined with the electoral process to find the conditions and elements needed to achieve more justice in elections. “The electoral system is still based on the political will of the political party to rule, and the electoral system itself has serious legislative problems, which shows that the foundation of China's electoral system has problems. Then China's electoral system cannot truly represent the political voices and political interests of the people in the implementation, and at the same time cannot reflect the fairness of the election in the electoral procedure and the determination of the election results. The People's Congress system and the Political Consultation system simply cannot elect the right representatives who truly represent the interests of the people. The elected government and state power organs are separated from the people's political status, political interests, and development interests in the operation of their duties and the exercise of power.” By analyzing the problems in China's electoral system and election procedures, the book concludes the conditions for the realization of more justice, rationalization, and democratization of China's electoral system and election procedures through procedural justice. The spiritual connotation of procedural justice under the electoral system and election procedures are combined with the traditional Chinese democratic political culture to construct an electoral political culture adapted to the contemporary Chinese political environment, advancing the development of procedural justice in China's electoral system to realize the rationality, legitimacy, and democracy of elections.

In September 2019， the 6th High-level Think Tanks Symposium of China and CEEC was held in Bled， Slovenia. The Symposium took place regularly in China or CEE countries each year from 2013 to 2019， and it is a top-level platform for scholars， experts and government officials from China and CEE countries to discuss China-CEEC Cooperation. This book collected essays of the 6th Symposium， which analyzed the achievements of China-CEEC Cooperation in the past eight years and discussed the direction for future cooperation from multiple dimensions. The purpose of this book is to provide readers with a comprehensive perspective of analyzing China-CEEC Cooperation and contribute to the success of the 6th Symposium.