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The Universalism of Human Rights
Is there universalism of human rights? If so, what are its scope and limits? This book is a doctrinal attempt to define universalism of human rights, as well as its scope and limits. The book presents tests of universalism on international, regional and national constitutional levels. It is maintained that universalism of human rights is both a ‘concept’ and a ‘normative reality’. The normative character of human rights is scrutinized through the study of international and regional agreements as well as national constitutions. As a consequence, limitations of normativity are identified, usually on the international level, and take the form of exceptions, reservations, and interpretations. The book is based on the General and National Reports which were originally presented at the 18th International Congress of the International Academy of Comparative Law in Washington D.C. 2010.
Emergency Powers in Asia
What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.
Civilising Citizens in Post-Mao China
Political discourse in contemporary China is intimately linked to the patriotic reverie of restoring China as a great civilisation, a dream of reformers since the beginning of the twentieth century. The concept and use of suzhi – a term that denotes the idea of cultivating a ‘quality’ citizenship – is central to this programme of rejuvenation, and is enjoying a revival. This book therefore offers an accessible and comprehensive analysis of suzhi, investigating the underlying cultural, philosophical and psychological foundations that propel the suzhi discourse. Using a new method to analyse Chinese governance – one that is both historical and discursive in approach – the book demo...
The China Legal Development Yearbook
Various aspects of law and regulation that are giving shape to China’s legal system are examined in this volume of the Yearbook. The editors present an informative and comprehensive volume, covering both general topics such as administrative law reform, as well as analysing a number specific areas of interest such as military law and the new food safety regime.
The China Legal Development Yearbook, Volume 4
This volume of The China Legal Development Yearbook is the fourth in a series of annual reports written by leading Chinese law and legal policy scholars and judges to appear in English translation. It is edited by scholars at the Institute of Law of the Chinese Academy of Social Sciences. This 2009 yearbook reviews major legal developments in 2008, including law reform priorities, major legal policy debates and newly enacted legislation. It also provides reports on food safety, penal law, tax law, earthquake legislation, credit card regulation, procuratorate system reform, medical reform, legal education, and disclosure under the law. This yearbook provides valuable insight into contemporary debates in China about the substance, direction and priorities of legal reform.
Towards the Rule of Law in China
Explores how the law should be reformed in China to make it a constitutionalist and rule of law state.
Handbook on Human Rights in China
This Handbook gives a wide-ranging account of the theory and practice of human rights in China, viewed against international standards, and China’s international engagements around human rights. The Handbook is organised into the following sections: contested meanings; international dimensions; economic and social rights; civil and political rights; rights in/action and access to justice; political dimensions of human rights in Greater China; and new frontiers.
Rethinking Chinese Jurisprudence And Exploring Its Future: A Sociology Of Knowledge Perspective
This book is an antecedent study on the task facing China's legal science, more strictly speaking — China's legal philosophy, in post-Cold War world structure. In broader terms, this is an academic study of China's own “identity” and future in the world structure. The author believes that from 1978 to 2004, in spite of its great achievements, China's legal science has at the same time had some of its grave problems being exposed. A fundamental problem is its failure to provide a “Chinese legal ideal picture” as the standard of and direction for evaluating, assessing and guiding China's law/legal development. This is an age of law without China's own ideal picture(s). However, why h...
The China Legal Development Yearbook, Volume 2
This volume of the China Legal Development Yearbook is the second in a series of annual reports written by leading Chinese law and legal policy scholars and judges. It is edited by the Institute of Law at the Chinese Academy of Social Sciences. The Yearbook contains reports on law reform priorities, major legal policy debates and an account of legislation proposed and passed in 2006. This Yearbook features reports on those legal reforms seeking to strengthen the rule of law and to make the administration of justice more “people-oriented”. It contains articles and reports on reforms made to improve the standard of judicial justice, reforms to the criminal justice system, as well as evaluations of the functioning of systems of administrative litigation, review and state compensation. Chapters also address human rights issues and analyse current problems relating to dispute resolution. This Yearbook provides a valuable insight into contemporary debates in China about the substance, direction and priorities of legal reform.
