Category: China
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More on China’s new “guiding cases” practice
For more analysis of this new Chinese practice noted in a previous posting, Ruiyi Li of the UK Constitutional Law Group.
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“Guiding Cases” in China
The Supreme People’s Court of the People’s Republic of China has begun the practice of announcing “guiding cases.” These are cases that, as explained here, “provide guidance to people’s courts in hearing similar cases and handing down judgments, and reference shall be made by judges in hearing similar cases and cited as the basis for…
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Transition for a Constitution in Exile
In light of the momentous events in the Middle East, some may have missed an important story out of India: The Dalai Lama has announced his intention to retire and has asked for amendments to Tibet’s “Constitution” to allow him to do so.
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In memoriam: Cai Dingjian
China lost one of its most distinguished scholar in Constitutional Law, and a leading advocate of political and legal reform, with the death of Cai Dingjian at the age of 54 on November 22, 2010. His funerals provoked a wave of emotion among his students and colleagues, and all of those working to promote legal…
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Chinese Constitutionalism Again…
Tom Ginsburg and Mike Dowdle have invited me to respond to Mike’s critique last September in this space of a comment of mine, and I both thank them for the opportunity and apologize for taking so long. In a previous life I was probably a contractor.
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Top ten constitutional events in China
Here’s an interesting one. China’s Prosecutorial Daily has produced a list of the “top ten constitutional events” in 2009. Donald Clarke has kindly translated the list here. It’s a remarkable document in its conception of what counts as constitutional: many of the incidents involve abuse of power by lower level officials.
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Guest Post on Constitutionalism in China: A Response to Tom
Tom has graciously invited me to respond to his recent posting on Chinese constitutionalism, and in particular to his reference to my forthcoming book with Stéphanie Balme. He may well regret it, because while he himself has described the book in most gracious terms, I must take exception with certain possible implications that could be…
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Whither Chinese Constitutionalism in the 21st Century?
China’s constitution has been described (by Professor Donald Clarke) as the least important document in the Chinese legal system. But constitutional discourse is clearly becoming more important in Chinese law politics, as highlighted by the recent high profile arrest and subsequent release of Xu Zhiyong, a lawyer associated with the Open Constitution Initiative.