How to Explore the Chinese Path to Constitutionalism? A Response to Larry Catá Backer
Bibliographic Data
| ID | 11630701 |
|---|---|
| Authors | Jiang Shigong (Beijing University Law School, Beijing, China, corresponding author), Shigong Jiang (Xijing University, corresponding author) |
| Year | 2013 |
| Volume | 40 |
| Issue | 2 |
| Pages | 196-213 |
| Publication date | 2013-12-16 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Modern China (JOURNAL) |
| Journal identifiers | ISSN: 0097-7004 • E-ISSN: 1552-6836 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/0097700413511314 |
| OpenAlex | W2042741046 |
| Language | EN |
| Citations received | 6 |
| References cited | 4 |
Larry Catá Backer and the author share nearly the same thoughts on Chinese constitutionalism, even though they approach this topic from different backgrounds and perspectives. In this article, the author reflects on how his legal-sociological approach to Chinese constitutionalism and his positioning of the Chinese Communist Party as de facto sovereign in China were first formulated in response to the argument about “constitutional adjudication” in Chinese legal academic circles more than a decade ago. As a response to Backer’s review, the author discusses the points that concern Backer—such as the grand theoretical background of the European structuralist conception of power and Rousseau’s theory of sovereignty, the subtle relation between Chinese lawyers and Chinese constitutionalism—and clarifies his difference with Backer on the party. The author argues that, in order to explore the Chinese path to constitutionalism, we need to think about some fundamental theoretical questions: Are we on the way to the end of history? What lessons should we take from the experience of Western countries with constitutionalism? How can one “Sinicize” universal values and reinvigorate Chinese classical civilization as an organic part of Chinese constitutionalism
Adjudication · Argument (complex analysis · China · Civilization · Communism · Constitutionalism · Democracy · Law and economics · Political science · Politics · Power (physics · Sociology · Sovereignty · Chinese history and philosophy · International Law and Human Rights · Judicial and Constitutional Studies · Law
| Unique citing works | 6 |
|---|---|
| Citations per year | 0,55 |
| Citation span | 2015 - 2023 (9) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 5 |