Ming‐sung Kuo
Biographic Data
| ID | 4164694 |
|---|---|
| NAME | Ming‐sung Kuo |
| GIVEN NAMES | Ming‐sung |
| FAMILY NAME | Kuo |
| SIGNATURE | KUO M S |
| AFFILIATIONS | University of Warwick |
| ORCID | 0000-0001-8400-0451 |
| VERIFIED | Yes |
| TOTAL WORKS | 16 |
| TOTAL CITATIONS | 3 |
| WORKS AS AUTHOR | 16 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2009 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 1 |
Progress, Continuity, and Constitutional Amendment
This article compares constitutional amendments in China and Taiwan to explore the long shadow cast by the Chinese encounter with ‘modernity’ on their divergent constitutional roads. It observes that in China, preambular changes have been the characteristic of the amendments to the 1982 Constitution of the People's Republic of China , while the rule-conformity feature of Taiwan's multiple rounds of constitutional revision indicates that the prese…
Militant Democracy Unmoored? The Limits of Constitutional Analogy in International Law
As constitutional democracies are faced with authoritarianism and other anti-constitutionalist threats, international law is seeing its own challenge from the increasing influence of authoritarian states. Yet, departing from the recent tendency to model the international legal order after constitutional governance, international lawyers seem to show little interest in the concept of militant democracy, while the latter lies at the centre of curre…
Democracy and emergency
This article aims to bring to light the law–society dynamic relationship in constitutional governance by engaging with the question of political constitutionalism from the perspective of institutional epistemology. It first reframes the debate surrounding legal and political constitutionalism as one concerning the state's ‘epistemic competence’ in governance shaped by the constitution, and then traces how constitutional ordering has given rise to…
Making Constitutionalism Progressive Again
Constitutionalism has been thinned with the idea of progress fading to the background of today’s polytheistic constitutional landscape, while cities become the symbol of progressive values. Putting cities – megacities in particular – at the centre of the global constitutional map, Ran Hirschl’s City, State: Constitutionalism and the Megacity, not only opens a new frontier for comparative constitutional studies but also suggests a progressive cons…
Authenticity
The recent upsurge of populism has prompted a wave of theoretical reflections on constitutional democracy. Echoing Max Weber’s sociology of legitimate authority, Bruce Ackerman’s Revolutionary Constitutions: Charismatic Leadership and the Rule of Law stands out from the crowd by providing an ambitious trichotomy of constitutional legitimacy—revolutionary, establishmentarian and elitist—with a focus on the revolutionary pathway. Engaging with Acke…
Disaggregating dismemberment
This paper aims to rethink the idea of constitutional renewal through a dissection of Richard Albert’s ground-breaking concept of constitutional dismemberment. It is contended that under the rubric of constitutional dismemberment are two exceptional constitutional phenomena: the ought-to-be declared nullity of unconstitutional constitutional amendments and the legal unity-defying, extraconstitutional expression of what Hannah Arendt called “natal…
The Veiled Sceptre
One institution that once dominated the world constitutional landscape has received little attention in the recent renaissance of comparative constitutional law1: the “reserve powers” held by the head of state in a constitutional monarchy.2 Professor Twomey’s book, The Veiled Sceptre, presents itself as a welcome exception. Focusing on “the [head of state’s] discretionary powers . . . that may be used to uphold and maintain the fundamental princi…
Control by aggregation? Critical reflections on global constitutionalism in the shadow of looming transnational emergency powers
This paper rethinks the relationship between rights protection and global constitutionalism by taking on the issue of the latter’s corresponding political order in the light of looming transnational emergency powers. By removing the veil from the aggregate power structure underlying global constitutionalism, it makes a twofold argument about global constitutionalism. First, in contrast to the separation of powers in domestic constitutional orders…
Politics and constitutional jurisgenesis
This article aims to provide an alternative account of political constitutionalism by situating it in a broader process of constitutional politics than the traditional court vs parliament debate has suggested. Drawing upon Robert Cover’s distinction between the jurispathic and the jurisgenerative constitution, I argue that parliamentary decision-making is not necessarily more congenial to a jurisgenerative constitutional order than judicial revie…
Resolving the Question of Inter-Scalar Legitimacy into Law? A Hard Look at Proportionality Balancing in Global Governance
In this article, I examine the attempt to apply proportionality balancing (PB) to the co-ordination of the relations between governance regimes, which I call ‘inter-scalar PB’, from the perspective of competing institutional arrangements of global governance. Observing inter-scalar PB becoming a legal technique of management, I argue that it be reconceived as a narrative framework within which the fundamental values and principles of individual g…
Administration or Federation? Constitutional Self-Image and the World Political Order in Which the EU Finds Itself
In this article, I compare constitutional and administrative models in terms of their implications for the EU legal order’s interaction with other legal regimes. I aim to make a twofold argument on the implications of the EU’s constitutional self-image to the world political order. First, as the CJEU adopts an identity-centred strong constitutionalist position on the Union’s external relations, it implicitly frames the EU legal order’s interactio…
The Moment of Schmittian Truth
This paper aims to provide critical perspectives on the constitutional debate surrounding global governance by examining the de facto state of exception as the euro crisis has prompted. I first discuss the character of the US emergency power regime and show that the euro crisis management evokes the design of emergency power in the US: executive emergency powers are ‘normalised’ through ordinary legislation but only switched on with the securitis…
On the constitutional question in global governance
The question of constitutionalization cuts through the heart of theoretical debate on the fragmentation of global governance. This paper aims to contribute to this debate through a comparison of global administrative law (GAL) and the conflicts-law approach. While the conflicts-law approach espouses the move towards global constitutionalism, GAL disavows constitutional ambition. I make a twofold argument. First, the differing diagnoses these two …
From Administrative Law to Administrative Legitimation? Transnational Administrative Law and the Process of European Integration
Globalization redefines the relationship between law and space, resulting in the emergence of transnational administrative law in a globalizing legal space. I aim to shed light on transnational administrative law by examining how administrative law relates to the process of European integration. I argue that the idea of administrative legitimation is at the core of this relationship. In the European Union, transnational administration grounds its…
Reconciling Constitutionalism with Power
Drawing upon Hannah Arendt's and Carl Schmitt's theories on the relationship between nomos and boundary, this paper revisits how constitutionalism and political power are reconciled as constitutional ordering. It first analyzes constitutionalism in the light of political modernity. Indicating that political power grounded by constitutions is omnipotent, complementing and completing constitutionalism, the paper contends that an omnipotent constitu…
The Concept of 'Law' in Global Administrative Law
Departing from the Westphalian tradition, global administrative law is seen as arising from the pragmatic needs of transboundary regulation underpinned by a normative aspiration to rule of law beyond national boundaries. Unhinged from state consent, however, it faces a twofold challenge: legality and legitimacy. former centers on the distinction between law and non-law; the latter is concerned with the legitimacy of global administrative law. Ben…
The Concept of 'Law' in Global Administrative Law
Departing from the Westphalian tradition, global administrative law is seen as arising from the pragmatic needs of transboundary regulation underpinned by a normative aspiration to rule of law beyond national boundaries. Unhinged from state consent, however, it faces a twofold challenge: legality and legitimacy. former centers on the distinction between law and non-law; the latter is concerned with the legitimacy of global administrative law. Ben…
Militant Democracy Unmoored? The Limits of Constitutional Analogy in International Law
As constitutional democracies are faced with authoritarianism and other anti-constitutionalist threats, international law is seeing its own challenge from the increasing influence of authoritarian states. Yet, departing from the recent tendency to model the international legal order after constitutional governance, international lawyers seem to show little interest in the concept of militant democracy, while the latter lies at the centre of curre…
The Concept of 'Law' in Global Administrative Law
Departing from the Westphalian tradition, global administrative law is seen as arising from the pragmatic needs of transboundary regulation underpinned by a normative aspiration to rule of law beyond national boundaries. Unhinged from state consent, however, it faces a twofold challenge: legality and legitimacy. former centers on the distinction between law and non-law; the latter is concerned with the legitimacy of global administrative law. Ben…
Reconciling Constitutionalism with Power
Drawing upon Hannah Arendt's and Carl Schmitt's theories on the relationship between nomos and boundary, this paper revisits how constitutionalism and political power are reconciled as constitutional ordering. It first analyzes constitutionalism in the light of political modernity. Indicating that political power grounded by constitutions is omnipotent, complementing and completing constitutionalism, the paper contends that an omnipotent constitu…
From Administrative Law to Administrative Legitimation? Transnational Administrative Law and the Process of European Integration
Globalization redefines the relationship between law and space, resulting in the emergence of transnational administrative law in a globalizing legal space. I aim to shed light on transnational administrative law by examining how administrative law relates to the process of European integration. I argue that the idea of administrative legitimation is at the core of this relationship. In the European Union, transnational administration grounds its…
On the constitutional question in global governance
The question of constitutionalization cuts through the heart of theoretical debate on the fragmentation of global governance. This paper aims to contribute to this debate through a comparison of global administrative law (GAL) and the conflicts-law approach. While the conflicts-law approach espouses the move towards global constitutionalism, GAL disavows constitutional ambition. I make a twofold argument. First, the differing diagnoses these two …
The Moment of Schmittian Truth
This paper aims to provide critical perspectives on the constitutional debate surrounding global governance by examining the de facto state of exception as the euro crisis has prompted. I first discuss the character of the US emergency power regime and show that the euro crisis management evokes the design of emergency power in the US: executive emergency powers are ‘normalised’ through ordinary legislation but only switched on with the securitis…
Administration or Federation? Constitutional Self-Image and the World Political Order in Which the EU Finds Itself
In this article, I compare constitutional and administrative models in terms of their implications for the EU legal order’s interaction with other legal regimes. I aim to make a twofold argument on the implications of the EU’s constitutional self-image to the world political order. First, as the CJEU adopts an identity-centred strong constitutionalist position on the Union’s external relations, it implicitly frames the EU legal order’s interactio…
Politics and constitutional jurisgenesis
This article aims to provide an alternative account of political constitutionalism by situating it in a broader process of constitutional politics than the traditional court vs parliament debate has suggested. Drawing upon Robert Cover’s distinction between the jurispathic and the jurisgenerative constitution, I argue that parliamentary decision-making is not necessarily more congenial to a jurisgenerative constitutional order than judicial revie…
Resolving the Question of Inter-Scalar Legitimacy into Law? A Hard Look at Proportionality Balancing in Global Governance
In this article, I examine the attempt to apply proportionality balancing (PB) to the co-ordination of the relations between governance regimes, which I call ‘inter-scalar PB’, from the perspective of competing institutional arrangements of global governance. Observing inter-scalar PB becoming a legal technique of management, I argue that it be reconceived as a narrative framework within which the fundamental values and principles of individual g…
Control by aggregation? Critical reflections on global constitutionalism in the shadow of looming transnational emergency powers
This paper rethinks the relationship between rights protection and global constitutionalism by taking on the issue of the latter’s corresponding political order in the light of looming transnational emergency powers. By removing the veil from the aggregate power structure underlying global constitutionalism, it makes a twofold argument about global constitutionalism. First, in contrast to the separation of powers in domestic constitutional orders…
Disaggregating dismemberment
This paper aims to rethink the idea of constitutional renewal through a dissection of Richard Albert’s ground-breaking concept of constitutional dismemberment. It is contended that under the rubric of constitutional dismemberment are two exceptional constitutional phenomena: the ought-to-be declared nullity of unconstitutional constitutional amendments and the legal unity-defying, extraconstitutional expression of what Hannah Arendt called “natal…
The Veiled Sceptre
One institution that once dominated the world constitutional landscape has received little attention in the recent renaissance of comparative constitutional law1: the “reserve powers” held by the head of state in a constitutional monarchy.2 Professor Twomey’s book, The Veiled Sceptre, presents itself as a welcome exception. Focusing on “the [head of state’s] discretionary powers . . . that may be used to uphold and maintain the fundamental princi…
Authenticity
The recent upsurge of populism has prompted a wave of theoretical reflections on constitutional democracy. Echoing Max Weber’s sociology of legitimate authority, Bruce Ackerman’s Revolutionary Constitutions: Charismatic Leadership and the Rule of Law stands out from the crowd by providing an ambitious trichotomy of constitutional legitimacy—revolutionary, establishmentarian and elitist—with a focus on the revolutionary pathway. Engaging with Acke…
Making Constitutionalism Progressive Again
Constitutionalism has been thinned with the idea of progress fading to the background of today’s polytheistic constitutional landscape, while cities become the symbol of progressive values. Putting cities – megacities in particular – at the centre of the global constitutional map, Ran Hirschl’s City, State: Constitutionalism and the Megacity, not only opens a new frontier for comparative constitutional studies but also suggests a progressive cons…
Democracy and emergency
This article aims to bring to light the law–society dynamic relationship in constitutional governance by engaging with the question of political constitutionalism from the perspective of institutional epistemology. It first reframes the debate surrounding legal and political constitutionalism as one concerning the state's ‘epistemic competence’ in governance shaped by the constitution, and then traces how constitutional ordering has given rise to…
Progress, Continuity, and Constitutional Amendment
This article compares constitutional amendments in China and Taiwan to explore the long shadow cast by the Chinese encounter with ‘modernity’ on their divergent constitutional roads. It observes that in China, preambular changes have been the characteristic of the amendments to the 1982 Constitution of the People's Republic of China , while the rule-conformity feature of Taiwan's multiple rounds of constitutional revision indicates that the prese…
Militant Democracy Unmoored? The Limits of Constitutional Analogy in International Law
As constitutional democracies are faced with authoritarianism and other anti-constitutionalist threats, international law is seeing its own challenge from the increasing influence of authoritarian states. Yet, departing from the recent tendency to model the international legal order after constitutional governance, international lawyers seem to show little interest in the concept of militant democracy, while the latter lies at the centre of curre…
Political science (16 works) · Politics (15 works) · Law (14 works) · Sociology (13 works) · Democracy (11 works) · Judicial and Constitutional Studies (10 works) · Law (10 works) · Constitutionalism (9 works) · Law and economics (9 works) · Economics (6 works)