The document discusses recent constitutional developments in China following the Fourth Plenum meeting. It analyzes China's concept of "rule of law" and Xi Jinping's promotion of "Socialist rule of law with Chinese characteristics." It examines the effectiveness of China's constitution by analyzing legal cases and the gap between theory and practice. It also questions whether China's rule of law system will evolve into one based on constitutionalism. The author outlines a research methodology using case studies, document analysis, and interviews to further investigate these issues and understand the implications of the Fourth Plenum for China's legal future.
The document discusses the influence of the Chinese Communist Party (CCP) on business laws in China. It explains that the CCP is the main lawmaking body and all business laws must be discussed and passed by the CCP. It describes the legislative process for passing laws and the roles of the Politburo Standing Committee and the National People's Congress. The CCP has significant control over business law reforms and strategic plans to further open China's market.
This document discusses the sanctity of constitutions and amendments to the Malawi Constitution. It begins by defining what a constitution is, noting that constitutions differ from ordinary legislation in their origins, adoption processes, language, inclusion of bills of rights, and methods of interpretation. The document then discusses how Malawi's 1994 Constitution was adopted against a background of rejecting the previous one-party dictatorship. It notes that over 90 sections of Malawi's Constitution have been amended in the first 10 years, with some amendments passed for political expediency rather than national interest. The document aims to examine amendment processes and preserve the Constitution's sanctity by restricting amendments to those that serve national rather than political goals.
The going with the comparative law has been concentrating eurocentrically with respect to the comparisons of civil law/common law, private laws and normative rather than speculative or the sociological inquiry. The studies of the contemporary Asian legal system have not been restricted by such parameters. This field of study has flourished ever since mid 1990s and has found a location that is respectable and sub-disciplines in relation to both Asian studies and comparative law. This field is concerned with respect to the economic development has been focused on governance issues and public law. However, then hidden problems are found in the words such as, ‘Asian’, ‘perspective’, ‘comparative’, ‘transition’, and ‘constitutionalism’. These problems are with both method and theory that can be explored in this paper. The research will be carried out on the new Asian constitutionalism in examining the problem underpinned of both theoretical and methodological to study the transition of the Asian constitutionalism
1) Adjudicating a legal controversy involves three steps: finding the applicable law or rule, interpreting it, and applying it to the facts of the case.
2) In the past, these steps were confused and seen as just "interpretation," but they involve distinct functions. Finding law may require creating new rules, and application involves administrative discretion.
3) The judicial, legislative, and administrative functions overlap. Courts make law through interpreting statutes and developing common law. They also exercise discretion in applying legal standards to facts. A rigid separation of functions is impractical.
The document discusses the Chinese judiciary system and its dual nature of serving both the state and economy. While the courts are relatively autonomous in commercial matters to facilitate foreign investment, the government restricts judicial power in political domains. The legislative body that theoretically interprets the constitution is not truly independent and does not provide a check on government power. As a result, citizens have little recourse through the courts to defend human rights. The judiciary remains subservient to the state overall.
The establishment of a judiciary with the power of constitutional review — determining whether government actions comply with the constitution’s provisions — is now considered a standard component of a democracy. It is increasingly common to entrust the power of constitutional review to a specialised constitutional court that can issue authoritative decisions on the constitutionality of laws and government actions and can interpret the constitution’s provisions.
A constitutional court can play many important roles, including reviewing the constitutionality of legislation, protecting individual rights, providing a forum for the resolution of disputes in a federal system, enforcing the separation of powers, certifying election results, and assessing the legality of political parties.
Establishing a court with the power to review the constitutionality of laws and government actions provides political parties and groups with a form of “insurance” for future scenarios in which they may not be in government and want to make sure that a government formed by their opponents acts within the limits of the constitution. A constitutional court is a means of institutionalising the commitment made by all parties when drafting the constitution to abide by its provisions. Furthermore, foreign investors often regard an independent and well-functioning judiciary as a sign of a country’s stability and investment potential. There are many options in designing a constitutional court, yet some recommendations can be made on a number of key design questions:
It assesses how Macao is perceived in the context of China's political system of governance. It defines the constraints of the principle "One Country, Two Systems" and looks for the future of autonomy in China's constitutional context.
The document discusses the influence of the Chinese Communist Party (CCP) on business laws in China. It explains that the CCP is the main lawmaking body and all business laws must be discussed and passed by the CCP. It describes the legislative process for passing laws and the roles of the Politburo Standing Committee and the National People's Congress. The CCP has significant control over business law reforms and strategic plans to further open China's market.
This document discusses the sanctity of constitutions and amendments to the Malawi Constitution. It begins by defining what a constitution is, noting that constitutions differ from ordinary legislation in their origins, adoption processes, language, inclusion of bills of rights, and methods of interpretation. The document then discusses how Malawi's 1994 Constitution was adopted against a background of rejecting the previous one-party dictatorship. It notes that over 90 sections of Malawi's Constitution have been amended in the first 10 years, with some amendments passed for political expediency rather than national interest. The document aims to examine amendment processes and preserve the Constitution's sanctity by restricting amendments to those that serve national rather than political goals.
The going with the comparative law has been concentrating eurocentrically with respect to the comparisons of civil law/common law, private laws and normative rather than speculative or the sociological inquiry. The studies of the contemporary Asian legal system have not been restricted by such parameters. This field of study has flourished ever since mid 1990s and has found a location that is respectable and sub-disciplines in relation to both Asian studies and comparative law. This field is concerned with respect to the economic development has been focused on governance issues and public law. However, then hidden problems are found in the words such as, ‘Asian’, ‘perspective’, ‘comparative’, ‘transition’, and ‘constitutionalism’. These problems are with both method and theory that can be explored in this paper. The research will be carried out on the new Asian constitutionalism in examining the problem underpinned of both theoretical and methodological to study the transition of the Asian constitutionalism
1) Adjudicating a legal controversy involves three steps: finding the applicable law or rule, interpreting it, and applying it to the facts of the case.
2) In the past, these steps were confused and seen as just "interpretation," but they involve distinct functions. Finding law may require creating new rules, and application involves administrative discretion.
3) The judicial, legislative, and administrative functions overlap. Courts make law through interpreting statutes and developing common law. They also exercise discretion in applying legal standards to facts. A rigid separation of functions is impractical.
The document discusses the Chinese judiciary system and its dual nature of serving both the state and economy. While the courts are relatively autonomous in commercial matters to facilitate foreign investment, the government restricts judicial power in political domains. The legislative body that theoretically interprets the constitution is not truly independent and does not provide a check on government power. As a result, citizens have little recourse through the courts to defend human rights. The judiciary remains subservient to the state overall.
The establishment of a judiciary with the power of constitutional review — determining whether government actions comply with the constitution’s provisions — is now considered a standard component of a democracy. It is increasingly common to entrust the power of constitutional review to a specialised constitutional court that can issue authoritative decisions on the constitutionality of laws and government actions and can interpret the constitution’s provisions.
A constitutional court can play many important roles, including reviewing the constitutionality of legislation, protecting individual rights, providing a forum for the resolution of disputes in a federal system, enforcing the separation of powers, certifying election results, and assessing the legality of political parties.
Establishing a court with the power to review the constitutionality of laws and government actions provides political parties and groups with a form of “insurance” for future scenarios in which they may not be in government and want to make sure that a government formed by their opponents acts within the limits of the constitution. A constitutional court is a means of institutionalising the commitment made by all parties when drafting the constitution to abide by its provisions. Furthermore, foreign investors often regard an independent and well-functioning judiciary as a sign of a country’s stability and investment potential. There are many options in designing a constitutional court, yet some recommendations can be made on a number of key design questions:
It assesses how Macao is perceived in the context of China's political system of governance. It defines the constraints of the principle "One Country, Two Systems" and looks for the future of autonomy in China's constitutional context.
Nigeria’s first national assembly and the challenge of democratic governance ...Kayode Fayemi
This document summarizes and analyzes the challenges faced by Nigeria's first National Assembly in the country's Fourth Republic, which began in 1999 after years of military rule. It discusses the Assembly's role in democratic governance and its responsibilities related to lawmaking, oversight of the executive branch, and representation. The summary examines the Assembly's composition, the political context of its establishment during a hurried democratic transition, and the high expectations and challenges it faced in helping consolidate Nigeria's young democracy and address issues like corruption, economic decline, and security problems.
OVERSIGHT FUNCTIONS OF NIGERIA'S NATIONAL ASSEMBLY; 2011 - 2015 Yagana Bintube (MNIM)
A STUDY ON THE OVERSIGHT FUNCTIONS OF NIGERIA'S NATIONAL ASSEMBLY; 2011 - 2015 BEING A RESEARCH PROJECT IN PARTIAL FULFILMENT OF REQUIREMENTS FOR THE AWARD OF A MASTER IN SCIENCE DEGREE IN PUBLIC ADMINISTRATION AND POLICY ANALYSIS, DEPARTMENT OF POLITICAL SCIENCE, FACULTY OF SOCIAL AND MANAGEMENT SCIENCES, UNIVERSITY OF ABUJA, NIGERIA.
THE WORK DISSECTS THE OVERSIGHT FUNCTIONS OF THE 7TH SESSION AND EVALUATES THE EFFECTIVENESS OF OVERSIGHT TOOL IN DELIVERY GOOD GOVERNANCE IN THE NIGERIA'S FOURTH REPUBLIC DEMOCRATIC DISPENSATION. IT LOOKS FURTHER TO HIGHLIGHT THE CHALLENGES, PROFFER DEEP ROOTED RECOMMENDATIONS AND PROJECT THE FUTURE PROSPECTS OF THE OVERSIGHT TOOL IN ACHIEVING DEMOCRATIC SUCCESS, RESPONSIBLE, RESPONSIVE, TRANSPARENT AND ACCOUNTABLE GOVERNANCE IN NIGERIA.
The cost of federal legislation in nigeriastatisense
How PRODUCTIVE is the National Assembly?
This presentation explores budgetary allocations to the National Assembly since 1999 till date, and compares it with States Budgets, Federal Ministries & Agencies Budgets, as well as determine its ranking on a national budget scale
The origins and meanings of administrative lawtaratoot
The document provides an overview of administrative law, including its origins and meanings. It discusses how administrative law seeks to reduce arbitrariness and unfairness in bureaucratic government through several key principles and cases. It explains that administrative law developed from judicial decisions and statutes to establish standards of due process that administrative agencies must follow, such as requiring a full and fair hearing as outlined in the Morgan v. United States Supreme Court case. It also discusses how Goldberg v. Kelly established that due process requires a hearing prior to terminating welfare benefits.
1. The Supreme Court ruled on a case challenging the process used to grant licenses for mobile phone spectrum.
2. The minister of communications had changed the application cutoff date and approved licenses without a transparent bidding process, ignoring recommendations to auction licenses.
3. The court held that the minister's actions were arbitrary and violated the constitutionally guaranteed principles of equality and rule of law. Changing dates and bypassing proper procedure to benefit certain applicants showed misuse of power.
4. The state must manage public resources like spectrum in a manner that benefits citizens, not arbitrarily, and the license approval process was ruled unconstitutional.
Political Violence and the Sustenance of Democracy In Nigeriaiosrjce
IOSR Journal of Humanities and Social Science is a double blind peer reviewed International Journal edited by International Organization of Scientific Research (IOSR).The Journal provides a common forum where all aspects of humanities and social sciences are presented. IOSR-JHSS publishes original papers, review papers, conceptual framework, analytical and simulation models, case studies, empirical research, technical notes etc.
Rule of Law is important topic for all entrance examination. Here we comparison of Rule of Law in India with U.S.A & England. It is very useful all law students.
The judicial system of China consists of three branches: the courts, procuratorates, and public security organs. The courts are headed by the Supreme People's Court in Beijing and include local people's courts at higher, intermediate, and basic levels. Special courts also exist for military, railway transport, and maritime cases. Judges are appointed by people's congresses. Courts use collegial panels of judges to hear cases, with at least one retrial allowed. Procuratorates oversee legal proceedings. Public security organs handle law enforcement. The system aims to balance judicial independence with Communist Party oversight.
The many meaning of the Rule Of Law- Constitutional LawGloria Ng
The document discusses the many meanings and interpretations of the rule of law concept historically and across different legal and political systems. It outlines the emergence of rule of law from ancient Greek doctrines of rule by man to its modern conception distinct from rule by an absolute ruler. Formal theories developed by Dicey are criticized for being too narrow. Rule of law is linked to but not determined by democratic institutions and can be abused without protections for minorities. East Asian interpretations emphasize rule by law under the political leadership rather than individual rights. Ongoing debates examine relationships between legal orders and political realities.
Introduction and the concept o administrative law, its meaning, definition, objects, nature, functions, sources, theories and need.
History and Growth of Administrative law in UK, US, France and India.
The document discusses the importance of clear and precise laws under the rule of law. It notes that laws should provide a framework for neutral decision making, establish rights and punishments, and limit government overreach. However, vague or overbroad laws that do not clearly define prohibited behaviors can violate these principles by subjecting citizens to uncertain or arbitrary enforcement. The document examines examples like the Computer Fraud and Abuse Act and Communications Decency Act that were intended to address valid issues but contained vague terms that raised legal challenges. Courts have struck down laws for being unconstitutionally overbroad if a large number of potential applications would be unconstitutional. Precise statutory language and interpretation are necessary to ensure the fairness of the legal system.
Revisiting the interaction of the trilogy of sources of international lawAlexander Decker
This document discusses the interaction between the three primary sources of international law: treaties, customary international law, and general principles of law. It begins by defining sources of international law and distinguishing between formal and material sources. It then examines treaties, noting that they are binding agreements between states that create international legal obligations. However, it acknowledges that customary rules reflected in treaties can also become binding as customary international law on states not party to the treaty. The document also discusses customary international law and general principles, highlighting consent as a connecting factor between the three sources.
Thin Rule of Law or Un-Rule of Law in Myanmar? Nick CheesmanMYO AUNG Myanmar
The document discusses the concept of the "thin rule of law" and examines how the government of Myanmar justifies its actions through rule of law rhetoric while denying basic human rights. It provides background on the legal system under British colonial rule and the post-independence governments. While the colonial regime and early post-independence governments paid some lip service to rule of law principles, the 1962 military coup significantly weakened the judiciary and rule of law. The current military government claims to uphold rule of law but is accused of using it as a façade to expand state power without protecting citizens' rights.
Democratic oversight of the security sector the nigerian experienceKayode Fayemi
This document discusses democratic oversight of the security sector in Nigeria. It notes that while constitutions may outline provisions for oversight, actual parliamentary oversight is more challenging. It examines legislative oversight in Nigeria over the past three years, looking at constitutional provisions, relationships between security and oversight actors, legal frameworks, political commitment to oversight, and oversight institutions' capacity. Key issues include the role of parliament in defense policymaking and budgeting, use of the military for internal security, and external military assistance. Overall it analyzes the effectiveness of democratic oversight of the security sector in Nigeria.
The document discusses the evolution of Chinese legal traditions from ancient dynasties to modern times. It examines the influences of Confucianism, Daoism, Legalism, and more recently Western legal traditions on Chinese law. While China did not traditionally emphasize written law, it has developed a more comprehensive legal system over the last century to align with international standards and support economic growth. Key differences between Chinese and Canadian contract law are explored, though the essential elements of a valid contract are now similar between the two systems. The document argues that Chinese law continues to be shaped by both traditional philosophies and modern adaptations.
This document provides an outline and expected outcomes of a lecture on public interest litigation (PIL) in Sri Lanka. It begins by explaining the rationale behind PIL, which is to use litigation to advance the interests of disadvantaged groups or raise issues of broad public concern. It then discusses the history and evolution of PIL, including the relaxation of strict standing requirements in several jurisdictions. The document outlines some criticisms of PIL, such as opening floodgates of litigation and disturbing the constitutional balance of power. It also explains how concepts of administrative law and PIL developed in Sri Lanka within the common law framework. Several cases that expanded standing and addressed environmental issues through writ applications and constitutional challenges are summarized. The expected outcomes of the lecture are to help understand the conceptual
The document discusses judicial activism in India. It provides context on the increasing role of the judiciary in India since independence. It discusses key cases that expanded judicial power and activism, such as those related to fundamental rights and public interest litigation. It also discusses debates around judicial activism, including whether it oversteps boundaries, ensures justice, and protects minority rights. Proponents argue it fulfills roles when other branches of government fail, while critics argue it can amount to overreach. Overall, the document examines the rise of judicial activism in India and ongoing debates around its implications.
This document summarizes the key concepts of rule of law and separation of powers in India. It discusses how the rule of law establishes that the country is governed by law rather than individuals. It then examines the meaning of separation of powers and how powers are separated between the executive, legislature, and judiciary in the Indian constitution. In particular, it notes that while complete separation is not possible, the three branches exercise checks on each other to maintain a balance of powers.
This document discusses judicial activism and the role of NGOs in India. It begins by defining judicial activism as innovative interpretation by courts that interferes with legislative and executive functions. It notes that public interest litigation enabled by Justices Bhagwati and Krishna Iyer expanded judicial activism in India. NGOs play important roles in judicial activism by advocating for disadvantaged groups, influencing policy, and filing public interest litigation on behalf of vulnerable populations. The document concludes by noting both the philanthropic role of NGOs but also the need for oversight to prevent profit-making in the name of non-profits.
The document provides an overview of Chinese law. It discusses that Chinese law has evolved from Confucian and Legalist traditions to incorporating German civil law and Soviet socialist law. It is currently based on the Constitution but the Communist Party maintains discretion. Laws are organized in a hierarchy with the Constitution at the top. Major areas include administrative, criminal, civil and economic law. The court system has four levels with the Supreme People's Court as the highest court.
The document provides an overview of the Chinese constitution, including:
- It was promulgated in 1982 and establishes China as a socialist state ruled by the Communist Party.
- The constitution outlines the structure of the government and protects some fundamental rights, though these rights are limited in practice.
- The legal system is hierarchical, with the Supreme People's Court as the highest judicial organ responsible for overseeing the administration of justice.
This document provides an overview of a textbook on political science concepts and theories for Class XII students. It covers key topics such as law, liberty, equality, justice, human rights, and dharma.
The document includes chapters on the definition and nature of law, the relationship between law and morality, and the different sources and types of law. It discusses perspectives on what law is, whether it is dependent on morality, and the role of coercion. The chapter on liberty explores the complex meaning of the term and how it relates to free choice without external constraints.
The textbook appears to take an in-depth look at foundational political concepts from both Western and Indian viewpoints. It examines these ideas through discussions
Nigeria’s first national assembly and the challenge of democratic governance ...Kayode Fayemi
This document summarizes and analyzes the challenges faced by Nigeria's first National Assembly in the country's Fourth Republic, which began in 1999 after years of military rule. It discusses the Assembly's role in democratic governance and its responsibilities related to lawmaking, oversight of the executive branch, and representation. The summary examines the Assembly's composition, the political context of its establishment during a hurried democratic transition, and the high expectations and challenges it faced in helping consolidate Nigeria's young democracy and address issues like corruption, economic decline, and security problems.
OVERSIGHT FUNCTIONS OF NIGERIA'S NATIONAL ASSEMBLY; 2011 - 2015 Yagana Bintube (MNIM)
A STUDY ON THE OVERSIGHT FUNCTIONS OF NIGERIA'S NATIONAL ASSEMBLY; 2011 - 2015 BEING A RESEARCH PROJECT IN PARTIAL FULFILMENT OF REQUIREMENTS FOR THE AWARD OF A MASTER IN SCIENCE DEGREE IN PUBLIC ADMINISTRATION AND POLICY ANALYSIS, DEPARTMENT OF POLITICAL SCIENCE, FACULTY OF SOCIAL AND MANAGEMENT SCIENCES, UNIVERSITY OF ABUJA, NIGERIA.
THE WORK DISSECTS THE OVERSIGHT FUNCTIONS OF THE 7TH SESSION AND EVALUATES THE EFFECTIVENESS OF OVERSIGHT TOOL IN DELIVERY GOOD GOVERNANCE IN THE NIGERIA'S FOURTH REPUBLIC DEMOCRATIC DISPENSATION. IT LOOKS FURTHER TO HIGHLIGHT THE CHALLENGES, PROFFER DEEP ROOTED RECOMMENDATIONS AND PROJECT THE FUTURE PROSPECTS OF THE OVERSIGHT TOOL IN ACHIEVING DEMOCRATIC SUCCESS, RESPONSIBLE, RESPONSIVE, TRANSPARENT AND ACCOUNTABLE GOVERNANCE IN NIGERIA.
The cost of federal legislation in nigeriastatisense
How PRODUCTIVE is the National Assembly?
This presentation explores budgetary allocations to the National Assembly since 1999 till date, and compares it with States Budgets, Federal Ministries & Agencies Budgets, as well as determine its ranking on a national budget scale
The origins and meanings of administrative lawtaratoot
The document provides an overview of administrative law, including its origins and meanings. It discusses how administrative law seeks to reduce arbitrariness and unfairness in bureaucratic government through several key principles and cases. It explains that administrative law developed from judicial decisions and statutes to establish standards of due process that administrative agencies must follow, such as requiring a full and fair hearing as outlined in the Morgan v. United States Supreme Court case. It also discusses how Goldberg v. Kelly established that due process requires a hearing prior to terminating welfare benefits.
1. The Supreme Court ruled on a case challenging the process used to grant licenses for mobile phone spectrum.
2. The minister of communications had changed the application cutoff date and approved licenses without a transparent bidding process, ignoring recommendations to auction licenses.
3. The court held that the minister's actions were arbitrary and violated the constitutionally guaranteed principles of equality and rule of law. Changing dates and bypassing proper procedure to benefit certain applicants showed misuse of power.
4. The state must manage public resources like spectrum in a manner that benefits citizens, not arbitrarily, and the license approval process was ruled unconstitutional.
Political Violence and the Sustenance of Democracy In Nigeriaiosrjce
IOSR Journal of Humanities and Social Science is a double blind peer reviewed International Journal edited by International Organization of Scientific Research (IOSR).The Journal provides a common forum where all aspects of humanities and social sciences are presented. IOSR-JHSS publishes original papers, review papers, conceptual framework, analytical and simulation models, case studies, empirical research, technical notes etc.
Rule of Law is important topic for all entrance examination. Here we comparison of Rule of Law in India with U.S.A & England. It is very useful all law students.
The judicial system of China consists of three branches: the courts, procuratorates, and public security organs. The courts are headed by the Supreme People's Court in Beijing and include local people's courts at higher, intermediate, and basic levels. Special courts also exist for military, railway transport, and maritime cases. Judges are appointed by people's congresses. Courts use collegial panels of judges to hear cases, with at least one retrial allowed. Procuratorates oversee legal proceedings. Public security organs handle law enforcement. The system aims to balance judicial independence with Communist Party oversight.
The many meaning of the Rule Of Law- Constitutional LawGloria Ng
The document discusses the many meanings and interpretations of the rule of law concept historically and across different legal and political systems. It outlines the emergence of rule of law from ancient Greek doctrines of rule by man to its modern conception distinct from rule by an absolute ruler. Formal theories developed by Dicey are criticized for being too narrow. Rule of law is linked to but not determined by democratic institutions and can be abused without protections for minorities. East Asian interpretations emphasize rule by law under the political leadership rather than individual rights. Ongoing debates examine relationships between legal orders and political realities.
Introduction and the concept o administrative law, its meaning, definition, objects, nature, functions, sources, theories and need.
History and Growth of Administrative law in UK, US, France and India.
The document discusses the importance of clear and precise laws under the rule of law. It notes that laws should provide a framework for neutral decision making, establish rights and punishments, and limit government overreach. However, vague or overbroad laws that do not clearly define prohibited behaviors can violate these principles by subjecting citizens to uncertain or arbitrary enforcement. The document examines examples like the Computer Fraud and Abuse Act and Communications Decency Act that were intended to address valid issues but contained vague terms that raised legal challenges. Courts have struck down laws for being unconstitutionally overbroad if a large number of potential applications would be unconstitutional. Precise statutory language and interpretation are necessary to ensure the fairness of the legal system.
Revisiting the interaction of the trilogy of sources of international lawAlexander Decker
This document discusses the interaction between the three primary sources of international law: treaties, customary international law, and general principles of law. It begins by defining sources of international law and distinguishing between formal and material sources. It then examines treaties, noting that they are binding agreements between states that create international legal obligations. However, it acknowledges that customary rules reflected in treaties can also become binding as customary international law on states not party to the treaty. The document also discusses customary international law and general principles, highlighting consent as a connecting factor between the three sources.
Thin Rule of Law or Un-Rule of Law in Myanmar? Nick CheesmanMYO AUNG Myanmar
The document discusses the concept of the "thin rule of law" and examines how the government of Myanmar justifies its actions through rule of law rhetoric while denying basic human rights. It provides background on the legal system under British colonial rule and the post-independence governments. While the colonial regime and early post-independence governments paid some lip service to rule of law principles, the 1962 military coup significantly weakened the judiciary and rule of law. The current military government claims to uphold rule of law but is accused of using it as a façade to expand state power without protecting citizens' rights.
Democratic oversight of the security sector the nigerian experienceKayode Fayemi
This document discusses democratic oversight of the security sector in Nigeria. It notes that while constitutions may outline provisions for oversight, actual parliamentary oversight is more challenging. It examines legislative oversight in Nigeria over the past three years, looking at constitutional provisions, relationships between security and oversight actors, legal frameworks, political commitment to oversight, and oversight institutions' capacity. Key issues include the role of parliament in defense policymaking and budgeting, use of the military for internal security, and external military assistance. Overall it analyzes the effectiveness of democratic oversight of the security sector in Nigeria.
The document discusses the evolution of Chinese legal traditions from ancient dynasties to modern times. It examines the influences of Confucianism, Daoism, Legalism, and more recently Western legal traditions on Chinese law. While China did not traditionally emphasize written law, it has developed a more comprehensive legal system over the last century to align with international standards and support economic growth. Key differences between Chinese and Canadian contract law are explored, though the essential elements of a valid contract are now similar between the two systems. The document argues that Chinese law continues to be shaped by both traditional philosophies and modern adaptations.
This document provides an outline and expected outcomes of a lecture on public interest litigation (PIL) in Sri Lanka. It begins by explaining the rationale behind PIL, which is to use litigation to advance the interests of disadvantaged groups or raise issues of broad public concern. It then discusses the history and evolution of PIL, including the relaxation of strict standing requirements in several jurisdictions. The document outlines some criticisms of PIL, such as opening floodgates of litigation and disturbing the constitutional balance of power. It also explains how concepts of administrative law and PIL developed in Sri Lanka within the common law framework. Several cases that expanded standing and addressed environmental issues through writ applications and constitutional challenges are summarized. The expected outcomes of the lecture are to help understand the conceptual
The document discusses judicial activism in India. It provides context on the increasing role of the judiciary in India since independence. It discusses key cases that expanded judicial power and activism, such as those related to fundamental rights and public interest litigation. It also discusses debates around judicial activism, including whether it oversteps boundaries, ensures justice, and protects minority rights. Proponents argue it fulfills roles when other branches of government fail, while critics argue it can amount to overreach. Overall, the document examines the rise of judicial activism in India and ongoing debates around its implications.
This document summarizes the key concepts of rule of law and separation of powers in India. It discusses how the rule of law establishes that the country is governed by law rather than individuals. It then examines the meaning of separation of powers and how powers are separated between the executive, legislature, and judiciary in the Indian constitution. In particular, it notes that while complete separation is not possible, the three branches exercise checks on each other to maintain a balance of powers.
This document discusses judicial activism and the role of NGOs in India. It begins by defining judicial activism as innovative interpretation by courts that interferes with legislative and executive functions. It notes that public interest litigation enabled by Justices Bhagwati and Krishna Iyer expanded judicial activism in India. NGOs play important roles in judicial activism by advocating for disadvantaged groups, influencing policy, and filing public interest litigation on behalf of vulnerable populations. The document concludes by noting both the philanthropic role of NGOs but also the need for oversight to prevent profit-making in the name of non-profits.
The document provides an overview of Chinese law. It discusses that Chinese law has evolved from Confucian and Legalist traditions to incorporating German civil law and Soviet socialist law. It is currently based on the Constitution but the Communist Party maintains discretion. Laws are organized in a hierarchy with the Constitution at the top. Major areas include administrative, criminal, civil and economic law. The court system has four levels with the Supreme People's Court as the highest court.
The document provides an overview of the Chinese constitution, including:
- It was promulgated in 1982 and establishes China as a socialist state ruled by the Communist Party.
- The constitution outlines the structure of the government and protects some fundamental rights, though these rights are limited in practice.
- The legal system is hierarchical, with the Supreme People's Court as the highest judicial organ responsible for overseeing the administration of justice.
This document provides an overview of a textbook on political science concepts and theories for Class XII students. It covers key topics such as law, liberty, equality, justice, human rights, and dharma.
The document includes chapters on the definition and nature of law, the relationship between law and morality, and the different sources and types of law. It discusses perspectives on what law is, whether it is dependent on morality, and the role of coercion. The chapter on liberty explores the complex meaning of the term and how it relates to free choice without external constraints.
The textbook appears to take an in-depth look at foundational political concepts from both Western and Indian viewpoints. It examines these ideas through discussions
Presentation1.pptx on sedition is a good legal pointMohdYousuf40
This document provides an outline for a pre-PhD research proposal on the topic of sedition laws in India. It includes an introduction outlining India's colonial-era sedition law and issues with its misuse. It then lists the research problems, hypothesis, gaps, objectives, methodology, significance and scope/limitations of the study. The document also provides a detailed chapter outline that will analyze the historical evolution and constitutional validity of sedition laws in India, compare them to other countries, and make recommendations.
What is Constitutional governance? The presentation is a lecture delivered at the Lahore University of Management Sciences (LUMS), which explores the normative aspects of Constitutional justice and the constitutionality of actual practise, politics and policy.
The lack of laws to control the civilian use of drones in India
could cause a major security hazard in the light of the
Pathankot attack...and much more
China has a unique political system led by the Chinese Communist Party that cooperates with eight other minor parties. The CCP consults with these parties and allows them participation in government affairs and policy discussions, though the CCP maintains ultimate authority. The system aims to balance stability, rapid economic development, and public participation through institutions like the National People's Congress and Chinese People's Political Consultative Conference. Official media is state-owned and expected to align with party messaging.
Constitution of Pakistan and Peoples RightsNazeer Mahar
This document provides an overview of Pakistan's constitutional history and protections of peoples' rights. It discusses how Pakistan's constitutions since independence have established frameworks for governance and protected fundamental rights, though many amendments have eroded these protections over time. The document also examines issues like the separation of powers between branches of government and the federal-provincial balance of power that impact the enjoyment of rights.
China has a unique multi-party cooperation system. The country is
led by the CPC, which cooperates with eight other parties to
discuss and manage state affairs
ANALYZING THE CONSTITUTIONAL RULES OF INTERPRETATIONAnushka Singh
The document discusses principles of constitutional interpretation in India. It begins by defining interpretation and discussing the importance of constitutional interpretation. It then outlines some key principles that Indian courts use in interpreting the constitution, including:
1. The principle of pith and substance, which examines the true nature and subject matter of a law.
2. The principle of eclipse, which deals with pre-constitutional laws that conflict with fundamental rights.
3. The principle of severability, which holds that if part of a law is unconstitutional, only that part should be invalidated, not the whole law.
4. The principle of colourable legislation, which examines whether a law indirectly achieves something the legislature does not have direct
A Brief Assessment of Rule of Law and Human Rights under the Constitution of ...dbpublications
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Institutionalize Shangfang within the Chinese Socialist Rule of Law Framework
Theory & Approach_Li Hongtao_Nicole Romanelli
1. Keywords: Chinese constitution, constitutionalism, rule of law, Fourth Plenum, Socialist rule of law
with Chinese characteristics.
Author: Nicole Romanelli
Zhejiang University
Autumn Semester 2014-15
Prof. Li Hongtao
Theory and Approach of China Studies
This paper will focus on the recent constitutional development in China along three
main paths. Firstly, analyzing the concept of rule of law in China and the very new
Xi Jinping campaign focused on “Socialist rule of law with Chinese characteristics”
stressed during the last Fourth Plenum.Secondly, pointing out effectiveness of Chi-
nese constitution and discover if there is a gap between theory and practice in litiga-
tion procedures and if the new legal implementation will bridge this gap. Finally the
main purpose is to figure out if China’s rule of law will lead to a “rule of Constitution”
in the future.
The Rule of Xi
The future of Chinese legal system
after the Fourth Plenum
2. The Rule of Xi
The future of Chinese legal system after the Fourth Plenum
Overview
“Socialist rule of law with Chinese characteristics” is the very new
Chinese party slogan stressed during Xi Jinping’s anticorruption cam-
paign and during this annual Plenum that ended on October 23rd
. In a
lengthy document published on October 28th
, the Communist Party called
for no less than an “extensive and profound revolution” in the way China
is governed. This would involve establishing “rule of law” by 2020 and
giving new emphasis to a long-neglected constitution which, among other
things, enshrines freedom of speech and of the press.
Three Represents and
Olimpic Games
Amendment 2004 Non-public sectors and social
market economy (artt. 11, 13)
Protection of human rights (art. 33)
WTO requirements Amendment 1999 Rule of law (art. 5)
1992 Party Congress and
“social market economy”
Amendment 1993 Social market economy (art. 15)
No economic plan (art. 10)
Deng’s reforms
implementation
Amendment 1988 Private sector (art. 11) and house-
hold responsibility system (art. 10)
1978 III Plenum of 11th
Central Committee and Deng
Xiaoping new leadership
Constitution 1982 Four modernisations
Four fundamental principles
Private economy
During RPC’s history, Chinese constitutional law has concerned
itself more with state organizational structure then with the checks and
balances of governmental powers, more with the future direction of the
society than the protection of fundamental rights of citizens, and more
with general principles than with detailed rules capable of implementa-
tion. Analyzing the Constitution of 1982 is not surprising that precisely
78 of the 138 articles deal with the structure of state organization (PRC
Constitution, 1982) and even if the Constitution is considered the “moth-
er of all laws”, China law-makers insist that a Constitution should only
contain “very fundamental and necessary” provisions that can be decided
at that time. Consequently, constitution is not seen as in the West as an
immutable set of fundamental principles but it can be changed without
additional procedures. New constitutions and amendments normally re-
flect political change led by the Communist Party and its Central Com-
mittee (chart n.1). There is no doubt that the CPC has firmly control on
the state affair and on juridical system, in fact, it is the constitutional
power of the National People’s Congress to revise the constitution and to
elect or appoint state leaders and, since there is no Constitutional Court,
constitutional revisions can only be initiated and proposed by the Party
(Kellogg, 2008).
The constitution revision of 1999 formally incorporated the phrase
“Ruling the Country according to the Law” 依法治国 yīfǎzhìguó into
article 5. At the 16th
Party Congress the same phrase was also added to
the Party Constitution. The adoption of this terminology aroused much
enthusiasm among scholars in China, who believed that it could mean
a new landmark in legal construction in terms of Rule of Law (Zhang,
Chart 1.
Constitutions of
the PRC and its
amendments
3. “Ruling the
Country
according to
the Law”
依法治国
yīfǎzhìguó
Chart 2.
Human rights
and rule of law
2010). In the West the notion of Rule of Law embraces other concepts
such as: supremacy of law, juridical independence and equality before the
law, separation of powers, checks and balances, a parliamentary system
and human rights. The majority Western analysts argue that the concept
as promoted by the Party should be translated as “rule by law”, but Chi-
nese state media continue to use “rule of law” in their official English
translations. However, China cannot be described as a country of rule of
law for several reasons. Firstly, the notion is largely originated and been
developed in the West and even in its contest this concept is deeply con-
troversial and a comparison with Chinese is meaningless. Secondly, even
if China adopted this label in order to meet the WTO requirements we
should not impose western liberal idea and values on China (Choukroune,
2012). Thirdly, the Chinese term 法治 fǎzhì — traditional referring to Le-
galism and literally more close to “rule by law” than “rule of law” — is
largely a scholarly construct; the official term is a mouthful “依法治国,
建设社会主义法治国家” Yīfǎzhìguó, jiànshè shèhuì zhǔyì fǎ zhì guójiā
that means “ruling the country according to law and building a socialist
country governed by law” (Chen Jianfu, 2008).
1982 1999
Article 5
“The State upholds the uniformity and
dignity of the socialist legal system. No
law or administrative or local rules and
regulations shall contravene the constitu-
tion. All state organs, the armed forces,
all political parties and public organiza-
tions and all enterprises and undertak-
ings must abide by the Constitution
and the law. All acts in violation of the
Constitution and the law must be investi-
gated. No organization or individual may
enjoy the privilege of being above the
Constitution and the law.”
“The People’s Republic of China
governs the country according
to law and makes it a socialist
country under rule of law. The
State upholds the uniformity and
dignity of the socialist legal sys-
tem. No laws or administrative or
local regulations may contravene
the Constitution. All State organs,
the armed forces, all political par-
ties and public organizations and
all enterprises and institutions must
abide by the Constitution and other
laws. All acts in violation of the
Constitution or other laws must be
investigated. No organization or in-
dividual is privileged to be beyond
the Constitution or other laws.”
1982 2004
Article 33
“All person holding the nationality of
People’s Republic of China are citizen
of the People’s Republic of China. All
People’s Republic of China are equal
before the law. Every citizen enjoy the
rights and at the same time must perform
the duties prescribed by the Constitution
and the law.”
“All person holding the nationality
of People’s Republic of China are
citizen of the People’s Republic
of China. All People’s Republic
of China are equal before the law.
The state respects and protects
human rights. Every citizen enjoy
the rights and at the same time
must perform the duties prescribed
by the Constitution and the law.”
The Rule of Xi
The future of Chinese legal system after the Fourth Plenum
4. Conceptual Framework
Literature Review
Even if legal system is developing and improving in China rap-
idly, China is far from a rule of law country in western assumption and
the meaning of “socialist rule of law with Chinese characteristics” is
not clear. According to the Plenum, judicial reform will promote judi-
cial transparency, because a transparent judiciary is a precondition for
judicial fairness and it will provide a strong guarantee for the nation’s
economic development and social stability as Global Time reported. Even
if Xi’s initiative can be seen as a step forward, this campaign seems to
propose again a traditional instrumental use of the law for political pur-
pose.
This paper will focus on the recent constitutional development in
China along three main paths. Firstly, analyzing the concept of rule of
law in China and the very new Xi Jinping campaign focused on “Socialist
rule of law with Chinese characteristics” stressed during the last Fourth
Plenum. Secondly, pointing out effectiveness of Chinese constitution and
discover if there is a gap between theory and practice in litigation proce-
dures and if the new legal implementation will bridge this gap. Finally,
the main purpose is to figure out if China’s rule of law will lead to a “rule
of Constitution” in the future.
As Deng Xiaoping invented the term “socialist market economy”
to satisfy hardline ideologues while he steered the country towards capi-
talism, Xi Jinping has just coined the new slogan “Socialist rule of law
with Chinese characteristics” in order to give a name to his reforms. If
they are anything like as significant as those that Deng’s catchphrase her-
alded, then this is a welcome development. As already mentioned above,
where these reforms will lead is not clear yet (Economist, 1st
November
2014). However, the most intriguing aspects of this Fourth Plenum are
the tantalizing references to the “rule of [the] Constitution.” The idea of
constitutionalism has been all but taboo in China since Xi Jinping came
to power. Advocates for the idea that China’s constitution should function
as a check on political power have been targeted by the CCP. Academic
world has different opinion about which turn China legal system will
take.
One of the most important scholars in this regard, Randall Peer-
enboom, claims that China legal system is moving towards a regime that
complies with the basic element of a thin rule of law. Furthermore, he
also believes that law is used instrumentally in every legal system, even
though he tries to distinguish between pernicious instrumentalism and
acceptable instrumentalism, the former being rule by law and the latter
rule of law. He believes that China has moved away from a purely in-
strumental conception of rule of law in which law is meant to bind both
government and officials and citizens, though he concedes that the goal
of a legal system to bind the state and its actors is often not realized in
China practice (Peerenboom, 2009).
The Rule of Xi
The future of Chinese legal system after the Fourth Plenum
5. Research Questions
Chen Jianfu, with his pragmatic view and rejection of labels, af-
firms that the recent emphasis by the Party on creating a harmonious so-
ciety can create an environment for legal scholars and law-makers to pay
more attention to potential conflicts between local and national adopted
laws. If that has to be the case, adaptation not just adoption of law will
begin, and thus the transformation of law may finally make Chinese law
Chinese, while still meeting commonly accepted international standards
and for justice and fairness.
Despite western scholar have positive expectation regarding the
future of Chinese legal system, Yang Xiaoqing, a professor at the Renmin
University Faculty of Law in her article “A Comparative Study of Con-
stitutional Governance and the People’s Democratic Regime” published
in Qiushi Journal, shows that the Party’s opinion is completely different
for the moment. Yang’s argument seems to reflect the dominant view
within the Party Centre at this moment, and as such, it can be considered
to be a clear statement of the direction in which the Party wants espe-
cially after New Year’s editorial of the well-known newspaper Southern
Weekend, “The Chinese Dream is the Dream of Constitutionalism”, that
was removed and replaced by provincial censors. Her main point is that
the people’s democratic system cannot be called “Socialist constitutional
governance”. As analyzed earlier, Socialism and constitutional govern-
ance are mutually exclusive and fundamentally different. Socialism, un-
der the people’s democratic dictatorship is a scientific way of ruling a
country, as it ensures that the people exercise power themselves. A move
towards constitutional governance, in that respect, would be a historical
retreat (Yang Xiaoqing, 2013).
Academic literature combines different ideas concerning Chinese
law but, after new Leadership’s campaign is important re-analyze the
whole issue including new decisions and hypothesis in order to under-
stand what the Party wants and what is the real meaning of the slogan
“Socialist rule of law with Chinese characteristics” and, what is more
important, what is the future of Chinese legal system. The main purpose
of this survey is the investigation of the new Party campaign in order to
analyze three main issues.
Firstly, how is changed the concept of “rule of law” in China thanks
to the Forth Plenum and why is changing. Is the new campaign only an-
other political instrument? After Xi Jinping’s effort the Constitution can
be seen as the “mother of all laws”? Are there some changes concerning
juridical independence?
Secondly, since People’s Republic of China claims to be a country
of rule of law or being more precise that affirms “to rule the Country ac-
cording to the Law”, is the Constitution effective? Is there a difference
between theory and practice? What about constitutional procedures?
The Rule of Xi
The future of Chinese legal system after the Fourth Plenum
6. Methodology
Talking about the method, this study is principally based on induc-
tive approach and qualitative research using different tools like open-
ended interviews, surveys, analysis of documents.
Case studies
qualitative
and inductive
Interviews and
observation
Surveys and analysis
I would like to start selecting three legal cases linked to the con-
stitutional law in order to analyze constitution implementation and pro-
cedures and discovering if a gap between practice and theory exists. The
first case I will examine is the Qi Yuling and, since is the first constitu-
tional case, can be considered one of the most important examples in this
field. The Qi Yuling case, therefore, is the only case that constitutional
provisions have been directly invoked by the Supreme People’s Court. For
this reasons, it has given rise to much discussion on issue of juridical in-
terpretation of the Constitution ant its application on the private domain
(Kui, 2003). The second case is the Luoyang City “Seed” Case which
highlights Chinese courts’ lack of authority to declare laws invalid. This
case is extremely relevant because it is linked to important topics such
as ambiguous constitutional and institutional division of power, conflict
between national and local interest, juridical independence and account-
ability, total absence of procedure and the Law on Law-Making appli-
cation. The last case concerns the controversial issues of pollution and
preservation of environment according to the articles 9 and 26 of the con-
stitution. Kunming EPB brought a case against factory farm companies
for contaminating the city’s major river. This case is extremely relevant
because combines two new aspects of Chinese current aspects: the devel-
opment of public interest litigation as moderate lawyers and the spread of
civil society in China.
Then, I would like to analyze official document issued by Gov-
ernment and national and foreign newspapers in order to have a global
prospective about the Fourth Plenum decisions and their implementa-
tion. I selected three Chinese newspapers: The People’s Daily because
it is the official newspaper of the government of China, the China Daily
because is the widest print circulation of any English-language newspa-
per in China and because it is written for a non-Chinese target, and fi-
nally the Southern Weekly because can be considered the most outspoken
Finally, since official communication published by Xinhua made it
clear that the “rule of law” does not mean a decrease in Party authority
and that Party Leadership is the basic requirement for the socialist rule of
law (Minzner, 2014), could China’s rule of law led to Constitutionalism
in the future?
Research Design
}
The Rule of Xi
The future of Chinese legal system after the Fourth Plenum
7. newspaper in China. It is strongly recommended by liberal intellectuals
and is said to contribute to public democratic debate and the formation
of civil society. Talking about international newspapers, I will analyze
The Economist, as a liberal English newspaper, New York Times to have
an American perspective, The Diplomat because in an Asia-Pacific based
newspaper and Internazionale because even if is an Italian newspaper it
publishes a selection of international articles translated in Italian. I made
this choice even because analyzing different newspaper I can have a dif-
ferent point of view from both common law and civil law countries. For
this reason I choose Internazionale, because even if it is a second hand
source, I can find different articles from different European countries.
Finally, I would like to interview some lawyers and professors of
Peking University of Law. In literature, Chinese lawyer can be divided
in three groups: radical, critics and moderates also called “for the public
interest”. I will ask what they think about the “rule of law” in China and
what they think about the decisions took during the Plenum and what they
think about the future of legal system in China in order to discover the
mainstream perception among specialists and if some variables such as
age, gender, background and literature division can influence. Concern-
ing lawyers I would like to undertake nonparticipant observation of the
work practices most directly to sensitive or constitutional issue. Observa-
tion can be extremely useful as a field research in order to experience in
first person litigation procedures and their resolutions.
Observation and
data collection
Pattern and
analysis
Tentative hypothesis
and theory
As we can see from the methodology, the research process is char-
acterized by a movement from observation to analysis and from data
collection and finally to theorizing. Thanks to this process I can analyze
all participants relating to “rule of law” issue: specialists, media, official
government and case studies concerning common people’s litigations.
After data collection I will be able to discover if those findings will cor-
respond with academic literature hypothesis or if a theoretical gap will
emerges. Finally, I would like to figure out an answer about the last re-
search question, theorizing which hypothesis, according to this survey,
could be more probable for the future of Chinese rule of law and where it
will lead.
The Rule of Xi
The future of Chinese legal system after the Fourth Plenum
} }
8. Chen, J. (2008). Constitutional Law. In Chinese Law: context and
transformation, Martinus Nijhoff Publishers Bostonpp, 77-146.
Chi, F. (2014). Rule of law is key to reform, China Daily, 28th
October 2014, http://usa.chinadaily.com.cn/epaper/2014-10/28/content_
18814418.htm.
Choukroune, L. (2012). The Compromised “Rule of Law by Inter-
nationalization”, China Perspectives, Volume 2012/1, Online since 23rd
August 2012, http://chinaperspectives.revues.org/5782.
Constitution of People’s Republic of China 1982, http://www.npc.
gov.cn/englishnpc/Constitution/node_2830.htm.
Constitution of People’s Republic of China 1982, 1988 amendment,
http://www.npc.gov.cn/englishnpc/Constitution/node_2829.htm.
Constitution of People’s Republic of China 1982, 1993 amendment,
http://www.npc.gov.cn/englishnpc/Constitution/node_2828.htm.
Constitution of People’s Republic of China 1982, 2004 amendment,
http://www.npc.gov.cn/englishnpc/Constitution/node_2826.htm.
Creemers, R. (2013). The Chinese Debate on Constitutionalism:
Texts and Analyses (Part I), China Copyright and Media, 3rd
June 2013,
http://chinacopyrightandmedia.wordpress.com/2013/06/03/the-chinese-
debate-on-constitutionalism-texts-and-analyses-part-i/.
Economist (2014). China with Legal Characteristics, The Economist,
1st
November 2014, http://www.economist.com/news/leaders/21629383-
xi-jinping-invoking-rule-law-thats-risky-him-and-good-china-china-le-
gal.
Economist (2014). Rule of the party, The Economist, 1st
November
2014, http://www.economist.com/news/china/21629528-call-revive-coun-
trys-constitution-will-not-necessarily-establish-rule-law-rules.
Kellogg, T.E. (2008). Constitutionalism with Chinese Characteris-
tics? Constitutional Development and Civil Litigation in China, Indiana
University Research Center for China Politics and Business Working Pa-
per, Volume 1, pp. 1-41.
Liao, R. (2014). The Law of Rule, Foreign Affairs, 23rd
November
2014, http://www.foreignaffairs.com/articles/142296/rebecca-liao/the-
law-of-rule.
Minzner, C. (2014). What does China mean by “Rule of Law”?,
26th
October 2014l Foreign Policy, http://www.foreignpolicy.com/arti-
cles/2014/10/20/what_does_china_mean_by_rule_of_law.
Peerenboom, R. (2009). Common Myths and Unfounded Assump-
tions. In Juridical Independence in China, Lesson for Global Rule of Law
Promotion, Cambridge University Press, pp. 69-94.
People’s Republic of China Information Office of the State Council
(2012). Juridical Reform in China, China Internet Information Center.
References
The Rule of Xi
The future of Chinese legal system after the Fourth Plenum
9. Shen, K. (2003). Is the beginning of the era of the rule of constitu-
tion? Reinterpreting China’s “First constitutional case”, Pacific Rim Law
and Policy Journal Association, translated by Yuping Liu, Volume 12,
pp. 200-232.
Tiezzi, S. (2014). 4 Things We Learned from China’s 4th Plenum,
The Diplomat, 23rd
October 2014, http://thediplomat.com/2014/10/4-
things-we-learned-from-chinas-4th-plenum/.
Yang, J. (2014). Fourth plenum to focus on rule of law, Global Time,
3rd
September 2014, http://www.globaltimes.cn/content/879671.shtml.
Yang, X. (2013). 宪政与人民民主制度之比较研究, 杨晓
青, 求是理论网 ,红旗文稿, 2013年/10, http://www.qstheory.cn/
hqwg/2013/201310/201305/t20130521_232618.htm.
Yu, K. (2010). On the Rule of Law. In Democracy and Rule of Law
in China, Brill Academic Publishers, pp. 197-275.
Zhang, Q. (2010). A constitution without constitutionalism? The
paths of constitutional development in China, Oxford Journals, Volume
8, Issue 4, pp. 950-976.
The Rule of Xi
The future of Chinese legal system after the Fourth Plenum