4.3 Presidential Government

Total Page:16

File Type:pdf, Size:1020Kb

4.3 Presidential Government 11 MM VENKATESHWARA COMPARATIVE POLITICAL OPEN UNIVERSITY SYSTEMS www.vou.ac.in COMPARATIVE POLITICAL SYSTEMS POLITICAL COMPARATIVE COMPARATIVE POLITICAL SYSTEMS MA [POLITICAL SCIENCE] [MAPS-105] VENKATESHWARA OPEN UNIVERSITYwww.vou.ac.in COMPARATIVE POLITICAL SYSTEMS MA [Political Science] MAPS 105 BOARD OF STUDIES Prof Lalit Kumar Sagar Vice Chancellor Dr. S. Raman Iyer Director Directorate of Distance Education SUBJECT EXPERT Ms. Puppy Gyadi Assistant Professor CO-ORDINATOR Mr. Tauha Khan Registrar Authors Dr Biswaranjan Mohanty: Units (3.3, 6.2, 7.2-7.3) © Dr Biswaranjan Mohanty, 2019 Vikas Publishing House: Units (1, 2, 3.0-3.2, 3.4-3.10, 4, 5, 6.0-6.1, 6.3-6.9, 7.0-7.1, 7.4-7.9, 8, 9, 10) © Reserved, 2019 All rights reserved. No part of this publication which is material protected by this copyright notice may be reproduced or transmitted or utilized or stored in any form or by any means now known or hereinafter invented, electronic, digital or mechanical, including photocopying, scanning, recording or by any information storage or retrieval system, without prior written permission from the Publisher. Information contained in this book has been published by VIKAS® Publishing House Pvt. Ltd. and has been obtained by its Authors from sources believed to be reliable and are correct to the best of their knowledge. However, the Publisher and its Authors shall in no event be liable for any errors, omissions or damages arising out of use of this information and specifically disclaim any implied warranties or merchantability or fitness for any particular use. Vikas® is the registered trademark of Vikas® Publishing House Pvt. Ltd. VIKAS® PUBLISHING HOUSE PVT LTD E-28, Sector-8, Noida - 201301 (UP) Phone: 0120-4078900 Fax: 0120-4078999 Regd. Office: A-27, 2nd Floor, Mohan Co-operative Industrial Estate, New Delhi 1100 44 Website: www.vikaspublishing.com Email: [email protected] SYLLABI-BOOK MAPPING TABLE Comparative Political Systems Syllabi Mapping in Book Unit 1 Understanding Comparative Political Systems Unit 1: Understanding Comparative – Methods of Comparison: Historical, Legal, Comparative Political System and Behavioural. (Pages 3-12) – Importance of Studying Contemporary Political System. Unit 2 Constitution and Constitutionalism Unit 2: Constitution and – History of Constitutionalism, Problems and Process of Constitutionalism Making of constitution (Pages 13-26) Unit 3 Major Political Systems Unit 3: Major Political Systems – Democratic, Totalitarian and Authoritarian Systems (Pages 27-49) Unit 4 Government and Political Structures Unit 4: Government and – Parliamentary, Presidential, Unitary and Federal Political Structures (Pages 51-86) Unit 5 Rule Making Unit 5: Rule Making – Structure, Function and Process of Law Making (Pages 87-117) – (UK, USA, Switzerland and China) Unit 6 Rule Application Unit 6: Rule Application – UK, USA and Japan (Pages 119-148) Unit 7 Role of Judiciary Unit 7: Role of Judiciary – UK (Rule of Law) (Pages 149-173) – USA (Judicial Review) – China (Committed Judiciary) Unit 8 Party System Unit 8: Party System – (USA, Japan, Switzerland, China) (Pages 175-203) Unit 9 Federalism Unit 9: Federalism – (USA, Switzerland and Canada) (Pages 205-223) Unit 10 Election and Representation Unit 10: Election and Representation – Electoral Process in UK, USA and Switzerland (Pages 225-242) CONTENTS INTRODUCTION 1-2 UNIT 1 UNDERSTANDING COMPARATIVE POLITICAL SYSTEM 3-12 1.0 Introduction 1.1 Unit Objectives 1.2 Methods of Comparison 1.2.1 Historical Method 1.2.2 Legal Method 1.2.3 Comparative Approach 1.2.4 Behaviourial Method 1.3 Importance of Studying Comparative Politics 1.4 Summary 1.5 Key Terms 1.6 Answers to ‘Check Your Progress’ 1.7 Questions and Exercises 1.8 Further Reading UNIT 2 CONSTITUTION AND CONSTITUTIONALISM 13-26 2.0 Introduction 2.1 Unit Objectives 2.2 History of Constitutionalism 2.2.1 Importance of Implementing Constitutions 2.2.2 Constitutions as Symbols and Manifestos, and Legal Rules 2.3 Constitutionalism: C. J. Friedrich 2.4 The Making of a Constitution: Process and Problems 2.4.1 Choices for Makers of Constitution 2.4.2 Responsibilities and Duties 2.4.3 Process of Constitution-Making 2.4.4 Making of the Constitution of India 2.5 Summary 2.6 Key Terms 2.7 Answers to ‘Check Your Progress’ 2.8 Questions and Exercises 2.9 Further Reading UNIT 3 MAJOR POLITICAL SYSTEMS 27-49 3.0 Introduction 3.1 Unit Objectives 3.2 Concept of Political System 3.3 Democratic Political System 3.3.1 Direct Democracy 3.3.2 Indirect Democracy 3.3.3 Characteristics of Democracy 3.3.4 Political, Social and Economic Democracy 3.3.5 Safeguards of Democracy 3.3.6 Classical Theory of Democracy 3.4 Totalitarian Political System 3.4.1 Features of a Totalitarian Government 3.5 Authoritarian System 3.5.1 Forms of Authoritarian Government 3.6 Summary 3.7 Key Terms 3.8 Answers to ‘Check Your Progress’ 3.9 Questions and Exercises 3.10 Further Reading UNIT 4 GOVERNMENT AND POLITICAL STRUCTURES 51-86 4.0 Introduction 4.1 Unit Objectives 4.2 Parliamentary Government 4.3 Presidential Government 4.3.1 Powers and Functions of the US President 4.3.2 Comparison between the US President and the British King and Prime Minister 4.3.3 Comparison of the Presidential Powers in America and Britain 4.3.4 Election of the US Vice-President 4.3.5 Cabinet in USA 4.3.6 Composition and Powers of the American House of Representatives 4.3.7 Powers and Functions of the US Senate 4.3.8 Procedure in the American Congress 4.4 Unitary Form of Government 4.4.1 Salient Features of Unitary Government 4.5 Federal Government 4.6 Summary 4.7 Key Terms 4.8 Answers to ‘Check Your Progress’ 4.9 Questions and Exercises 4.10 Further Reading UNIT 5 RULE MAKING 87-117 5.0 Introduction 5.1 Unit Objectives 5.2 Structure, Function and Process of Law-making in the UK 5.2.1 The House of Lords 5.2.2 House of Commons 5.3 Structure, Function and Process of Law-Making in the USA 5.3.1 The Senate 5.3.2 House of Representatives 5.4 Structure, Function and Process of Law-Making in Switzerland 5.4.1 Composition of the National Council 5.4.2 Council of States 5.4.3 Legislative Procedure 5.4.4 Powers of the Federal Assembly 5.5 Structure, Function and Process of Law-Making in China 5.6 Summary 5.7 Key Terms 5.8 Answers to ‘Check Your Progress’ 5.9 Questions and Exercises 5.10 Further Reading UNIT 6 RULE APPLICATION 119-148 6.0 Introduction 6.1 Unit Objectives 6.2 The Cabinet System of United Kingdom 6.2.1 The Executive 6.2.2 The Cabinet 6.2.3 The Prime Minister 6.3 The US President 6.3.1 Powers and Functions of the President 6.3.2 The Presidential Cabinet 6.4 Executive Body in Japan 6.4.1 Local Government 6.5 Summary 6.6 Key Terms 6.7 Answers to ‘Check Your Progress’ 6.8 Questions and Exercises 6.9 Further Reading UNIT 7 ROLE OF JUDICIARY 149-173 7.0 Introduction 7.1 Unit Objectives 7.2 Judiciary in the United Kingdom 7.2.1 Rule of Law: A Citadel of Liberty 7.3 Judiciary in the United States of America 7.3.1 Judicial Review 7.4 Judiciary in China 7.4.1 Committed Judiciary 7.4.2 People’s Courts 7.4.3 The Supreme People’s Court 7.4.4 The Higher People’s Courts 7.4.5 The Intermediate People’s Courts 7.4.6 The Basic People’s Courts 7.4.7 The Special Courts 7.5 Summary 7.6 Key Terms 7.7 Answers to ‘Check Your Progress’ 7.8 Questions and Exercises 7.9 Further Reading UNIT 8 PARTY SYSTEM 175-203 8.0 Introduction 8.1 Unit Objectives 8.2 Concept of Party System 8.2.1 Classification of Party Systems 8.2.2 Origin of the Party System 8.3 Party System in the USA 8.3.1 History of Party System in the USA 8.3.2 American Ideology and Polarizing Issues 8.3.3 Contemporary Party System in the USA 8.4 Party System in Japan 8.5 Party System in Switzerland 8.6 Party System in China 8.6.1 Communist Party of China 8.6.2 People’s Liberation Army 8.7 Summary 8.8 Key Terms 8.9 Answers to ‘Check Your Progress’ 8.10 Questions and Exercises 8.11 Further Reading UNIT 9 FEDERALISM 205-223 9.0 Introduction 9.1 Unit Objectives 9.2 The US Federalism 9.2.1 The Era of Marshall and Taney, and Dual Federalism 9.2.2 Great Depression and Abrupt Change 9.3 Federalism in Switzerland 9.3.1 Features of Switzerland’s Political System 9.4 The Canadian Federal Structure 9.4.1 Levels of Government in Canadian Federalism 9.4.2 Confederation and the Division of Powers 9.5 Comparative Federalism 9.6 Summary 9.7 Key Terms 9.8 Answers to ‘Check Your Progress’ 9.9 Questions and Exercises 9.10 Further Reading UNIT 10 ELECTION AND REPRESENTATION 225-242 10.0 Introduction 10.1 Unit Objectives 10.2 Electoral Process in the UK 10.2.1 Electoral Systems 10.3 Electoral Process in the United States 10.3.1 Eligibility 10.3.2 Presidential Election 10.3.3 History 10.3.4 Electoral College 10.3.5 Presidential Nominating Convention 10.4 Electoral Process in Switzerland 10.4.1 Voting Process 10.4.2 Mail-in Ballots 10.4.3 Council of States 10.4.4 Cantonal Elections 10.4.5 Referendums 10.4.6 Municipal Voting 10.5 Summary 10.6 Key Terms 10.7 Answers to ‘Check Your Progress’ 10.8 Questions and Exercises 10.9 Further Reading Introduction INTRODUCTION Since ancient times, scholars, thinkers and political scientists have been studying various NOTES models of governance and politics.
Recommended publications
  • INSOL WORLD the Quarterly Journal of INSOL Internationa L
    INSOL WORLD The Quarterly Journal of INSOL Internationa l Fourth Quarter 2012 US$25 Whether serving as trusted business advisors or in interim management roles, Alvarez & Marsal delivers results when you need them most. Operational and Financial Performance Improvement Your Turnaround and Restructuring Interim and Crisis Management Next Business Advisory Services Move Specialized Industry Expertise Matters » 1,900 professionals worldwide » 40 global locations » Ranked among the top crisis managers by The Deal » Frequent award recipient from TMA » Ranked Among the “Best Firms to Work For” by Consulting magazine and Vault LEADERSHIP. PROBLEM SOLVING. VALUE CREATION. www.alvarezandmarsal.comwwww.alvarezandmarsal.com.alvarezandmars.alvarezandmarsal.com Editors’ Column Anyone receiving £1 for each occasion on which he has heard a commentator speculating whether the British economy was entering or leaving a double dip recession would earn a tidy sum. The same would go for the lucky recipient of US$ 1 for each reference made by Joe Bannister Jay Carfagnini the 2012 US presidential candidates to whether or not the US Hogan Lovells Goodmans LLP economy was about to fall off a fiscal cliff. Yet anyone able to predict with certainty the future development of the Chinese economy could International LLP (UK) (Canada) stand to become a millionaire many times over. Day by day, we hear references to difficult economic times in China. The Chinese market continues to produce a number of the most complex fundholder restructurings, Sino Forest being a high profile example. Yet everything is relative. Economists acknowledge that Chinese output has fallen for the past seven quarters and they predict worse to come.
    [Show full text]
  • ONE the SUPREME COURT and the MAKING of PUBLIC POLICY in CONTEMPORARY CHINA Eric C. Ip
    ONE THE SUPREME COURT AND THE MAKING OF PUBLIC POLICY IN CONTEMPORARY CHINA Eric C. Ip Post-Mao China saw profound social, economic and legal changes. This paper analyzes an often neglected aspect of these transformations: the evolution of the Supreme People’s Court (SPC) into an increasingly influential political actor in national law and policy-making. The SPC has self-consciously redefined its mandate to manage state-sponsored legal reforms by performing an expansive range of new functions such as issuing abstract rules, tightening control over lower courts and crafting out a constitutional jurisprudence of its own at the expense of other powerful state actors. It is more assertive than ever its own vision of how law should develop in the contemporary People’s Republic of China (PRC)SPC action can be broadly consistent with the Chinese Communist Party (CCP) interests, autonomous and expansive at the same time. However, the SPC’s reform initiatives are inevitably constrained by the vested interests of major bureaucratic players as well as the Party’s insistence on maintaining the Court as an integral administrative agency of its public security system. Eric C. Ip is working towards a doctorate at Oxford University's Centre for Socio- Legal Studies. A student of the political science subfields of comparative constitutional design and judicial politics, he earned his undergraduate degree in Government and Laws from The University of Hong Kong, and an LL.M. (distinction) degree from King's College, University of London. He is an Academic Tutor in Law and Politics at St. John's College, The University of Hong Kong; an Academic Fellow at The Institute of Law, Economics, and Politics; and a member of the American Political Science Association and the British Institute of International and Comparative Law.
    [Show full text]
  • Elements of Sociology of the Supreme People's Court
    Paper presented at the Conference ”Constitutionalism and Judicial Power in China” (December 12-13 2005, Sciences Po) HIGH TURNOVER AND LOW REPUTATION? ELEMENTS OF SOCIOLOGY OF THE SUPREME PEOPLE’S COURT GRAND JUSTICES (Summary) Hou Meng Department of Sociology, Beijing University This presentation about the Supreme People’s Court (SPC) Grand Justices of the PRC consists of two papers. The first one discusses the high turnover of Grand Justices and the underlying reasons, while the second focuses on the reputation of Grand Justices. Actually, high turnover and low reputation have intrinsic connections. Leaving the Supreme People’s Court: the Turnover of SPC Grand Justices In recent years, SPC has applied judge’s professionalization to all the Courts of China so as to ensure the stabilization of judge group. On the contrary, three Grand Justices have left SPC since 2003. The first one is Zhu Mingsha, the Grand Justice of the first rank and Vice President of SPC, who left for the Committee for Internal and Judicial Affairs of Standing Committee of the National People's Congress (SCNPC) and took the position as its Vice President. The second one is Zhang Jun, the Grand Justice of the second rank, from the Vice President of SPC to Vice Minister of Justice (he came back to SPC in Aug, 2005). The third one is Jiang Bixin, the Grand Justice of the second rank, from the Vice President of SPC to the President of the Higher People’s Court of Hunan Province. What leads to the above inconsistent phenomena? Continual Turnover Leaving the Court is one type of judge turnover.
    [Show full text]
  • Journal of Current Chinese Affairs
    3/2006 Data Supplement PR China Hong Kong SAR Macau SAR Taiwan CHINA aktuell Journal of Current Chinese Affairs Data Supplement People’s Republic of China, Hong Kong SAR, Macau SAR, Taiwan ISSN 0943-7533 All information given here is derived from generally accessible sources. Publisher/Distributor: Institute of Asian Affairs Rothenbaumchaussee 32 20148 Hamburg Germany Phone: (0 40) 42 88 74-0 Fax:(040)4107945 Contributors: Uwe Kotzel Dr. Liu Jen-Kai Christine Reinking Dr. Günter Schucher Dr. Margot Schüller Contents The Main National Leadership of the PRC LIU JEN-KAI 3 The Main Provincial Leadership of the PRC LIU JEN-KAI 22 Data on Changes in PRC Main Leadership LIU JEN-KAI 27 PRC Agreements with Foreign Countries LIU JEN-KAI 30 PRC Laws and Regulations LIU JEN-KAI 34 Hong Kong SAR Political Data LIU JEN-KAI 36 Macau SAR Political Data LIU JEN-KAI 39 Taiwan Political Data LIU JEN-KAI 41 Bibliography of Articles on the PRC, Hong Kong SAR, Macau SAR, and on Taiwan UWE KOTZEL / LIU JEN-KAI / CHRISTINE REINKING / GÜNTER SCHUCHER 43 CHINA aktuell Data Supplement - 3 - 3/2006 Dep.Dir.: CHINESE COMMUNIST Li Jianhua 03/07 PARTY Li Zhiyong 05/07 The Main National Ouyang Song 05/08 Shen Yueyue (f) CCa 03/01 Leadership of the Sun Xiaoqun 00/08 Wang Dongming 02/10 CCP CC General Secretary Zhang Bolin (exec.) 98/03 PRC Hu Jintao 02/11 Zhao Hongzhu (exec.) 00/10 Zhao Zongnai 00/10 Liu Jen-Kai POLITBURO Sec.-Gen.: Li Zhiyong 01/03 Standing Committee Members Propaganda (Publicity) Department Hu Jintao 92/10 Dir.: Liu Yunshan PBm CCSm 02/10 Huang Ju 02/11
    [Show full text]
  • The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008
    EXPLANATORY MEMORANDUM TO THE LOCAL AUTHORITIES (CONDUCT OF REFERENDUMS) (WALES) REGULATIONS 2008 This Explanatory Memorandum has been prepared by the Local Government Policy Division and is laid before the National Assembly for Wales. PART 1 1. Description 1.1 This Instrument provides for the organisation of the holding of a referendum in a local authority in Wales to decide whether that authority should adopt a political structure involving (amongst others) a directly elected mayor. The Instrument provides for the questions to be put to the electorate, the publicity for a referendum, limits on expenditure, the conduct of the local authority concerned, plus the manner of voting, counting and matters connected with the register. 2. Matters of special interest to the Subordinate Legislation Committee 2.1 None. 3. Legislative Background 3.1 The powers enabling this Instrument to be made are contained in sections 45, 105 and 106 of the Local Government Act 2000. The functions of the National Assembly for Wales under these provisions have been transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of, Schedule 11 to the Government of Wales Act 2006. The Instrument is being made using the affirmative resolution procedure. 4. Purpose and intended effect of the legislation 4.1 This Instrument will revoke and replace, with appropriate amendments, The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (SI No 870 (W.85)) (the 2004 Regulations). The principal changes made in these draft Regulations are to implement the changes made by the Electoral Administration Act 2006, which, inter alia, introduces measures to prevent electoral fraud.
    [Show full text]
  • Singapore Convention Series –
    Is Investor-State Mediation An Emerging Practice? A Practitioner’s Perspective Kluwer Mediation Blog October 16, 2019 Ting-Kwok IU (Kwok, Ng & Chan, Solicitors & Notaries) Please refer to this post as: Ting-Kwok IU, ‘Is Investor-State Mediation An Emerging Practice? A Practitioner’s Perspective’, Kluwer Mediation Blog, October 16 2019, http://mediationblog.kluwerarbitration.com/2019/10/16/is-investor-state-mediation-an-emerging-practice-a-pr actitioners-perspective/ I have recently been approached to enrol myself in an investor-state mediation training programme and also to speak at one of the sessions. That triggers off my deeper thoughts on the topic of investor-state mediation and related issues. This blog is an attempt to share my thoughts so that fellow mediation practitioners may consider whether or not investor-state mediation is an area on which they should embark. It is also my hope that my sharing below will also make readers become more aware of the practice of investor-state mediation. While there may not be a universally acceptable definition, investor-state mediation entails the resolution of investment disputes through the process of mediation between one party (or more than one party) being private, and the other party being a sovereign state. Investor-state mediation often includes but is not limited to the following public law dimensions: Changes in investment incentive measures; Termination or interference of a contract by the state; Revocation of licences or permits; and Unexpected tariffs or taxation. Investor-state mediation also involves international investment law issues such as, Expropriation; Alleged breach of the “fair and equitable” provision in the contract between the investor and the state; and Interpretation of investment treaties.
    [Show full text]
  • (Hrsg.) Strafrecht in Reaktion Auf Systemunrecht
    Albin Eser / Ulrich Sieber / Jörg Arnold (Hrsg.) Strafrecht in Reaktion auf Systemunrecht Schriftenreihe des Max-Planck-Instituts für ausländisches und internationales Strafrecht Strafrechtliche Forschungsberichte Herausgegeben von Ulrich Sieber in Fortführung der Reihe „Beiträge und Materialien aus dem Max-Planck-Institut für ausländisches und internationales Strafrecht Freiburg“ begründet von Albin Eser Band S 82.9 Strafrecht in Reaktion auf Systemunrecht Vergleichende Einblicke in Transitionsprozesse herausgegeben von Albin Eser • Ulrich Sieber • Jörg Arnold Band 9 China von Thomas Richter sdfghjk Duncker & Humblot • Berlin Bibliografische Information der Deutschen Bibliothek Die Deutsche Bibliothek verzeichnet diese Publikation in der Deutschen Nationalbibliografie; detaillierte bibliografische Daten sind im Internet über <http://dnb.ddb.de> abrufbar. DOI https://doi.org/10.30709/978-3-86113-876-X Redaktion: Petra Lehser Alle Rechte vorbehalten © 2006 Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V. c/o Max-Planck-Institut für ausländisches und internationales Strafrecht Günterstalstraße 73, 79100 Freiburg i.Br. http://www.mpicc.de Vertrieb in Gemeinschaft mit Duncker & Humblot GmbH, Berlin http://WWw.duncker-humblot.de Umschlagbild: Thomas Gade, © www.medienarchiv.com Druck: Stückle Druck und Verlag, Stückle-Straße 1, 77955 Ettenheim Printed in Germany ISSN 1860-0093 ISBN 3-86113-876-X (Max-Planck-Institut) ISBN 3-428-12129-5 (Duncker & Humblot) Gedruckt auf alterungsbeständigem (säurefreiem) Papier entsprechend ISO 9706 # Vorwort der Herausgeber Mit dem neunten Band der Reihe „Strafrecht in Reaktion auf Systemunrecht – Vergleichende Einblicke in Transitionsprozesse“ wird zur Volksrepublik China ein weiterer Landesbericht vorgelegt. Während die bisher erschienenen Bände solche Länder in den Blick nahmen, die hinsichtlich der untersuchten Transitionen einem „klassischen“ Systemwechsel von der Diktatur zur Demokratie entsprachen, ist die Einordung der Volksrepublik China schwieriger.
    [Show full text]
  • Law, Development and Socio-Economic Changes in Asia
    IDE Asian Law Series No. 1 Proceedings of the Roundtable Meeting Law, Development and Socio-Economic Changes in Asia 20-21 November 2000 Manila INSTITUTE OF DEVELOPING ECONOMIES (IDE-JETRO) March 2001 JAPAN PREFACE With the evolution of the market-oriented economy as well as the increase in cross-border transactions, there is an urgent need to conduct research and comparisons of judicial systems and the role of law in development in Asian countries. The Institute of Developing Economies, Japan External Trade Organization (IDE-JETRO) established two research committees in FY 2000: Committee on “Law and Development in Economic and Social Development” and Committee on “Judicial Systems in Asia.” The former has focused on the role of law in social and economic development and sought to establish a legal theoretical framework therefor. Studies conducted by member researchers have focused on the relationship between the law and marketization, development assistance, trade and investment liberalization, the environment, labor, and consumer affairs. The latter committee has conducted research on judicial systems and the ongoing reform process of these systems in Asian countries, with the aim of further analyzing their dispute resolution processes. In order to facilitate the committees’ activities, IDE has organized joint research projects with research institutions in seven Asian countries, namely, China, India, Indonesia, Malaysia, Philippines, Thailand and Vietnam. To encourage the sharing of the findings of respective researches on the role of law in development, legal systems and the reform process in Asian countries, and to promote research cooperation and scholarly exchanges among research counterparts, IDE sponsored a roundtable meeting entitled “Law, Development and Socio-Economic Change in Asia” in Manila on November 20-21, 2000.
    [Show full text]
  • Legal Institutions and Economic Reform in China
    ARTICLES WHAT'S LAW GOT TO DO WITH IT? LEGAL INSTITUTIONS AND ECONOMIC REFORM IN CHINA Donald C. Clarke* TABLE OF CONTENTS I. INTRODUCTION ................................. 2 II. BACKGROUND TO REFORM .................... 4 A. Economic Reform in China ...................... 4 B. Center Versus Region in the Chinese Polity ....... 13 III. THE ROLE OF LAW IN ECONOMIC REFORM.. 15 A. What's So Special About Legal Rules? ........... 15 B. Institutionsfor Making and Enforcing Rules ..... 17 IV. CHARACTERISTICS OF LEGAL RULES ......... 23 A. Who Is Supposed to "Obey" the Rule? ........... 23 B. Who Promulgated the Rule and How Authoritative Is It? ........................................... 26 C. Who Is to Enforce the Rule and How? ........... 30 D. Can the Rule Really Be Enforced?............... 33 Assistant Professor of Law, University of Washington School of Law. Princeton University, A.B., 1977; School of Oriental and African Studies, University of London, M.Sc., 1983; Harvard Law School, J.D., 1987. This Article began as a paper written as part of an American-European-Chinese joint project researching reforms in the ownership system of Chinese state-owned enter- prises. The project is supported by the Ford Foundation and the Institute of Economics of the Chinese Academy of Social Sciences. Citations in the footnotes make apparent but understate my debt to Barry Naughton of the University of California at San Diego for my understanding of the Chinese economy. I also wish to thank Cyril Lin of St. Anthony's College, Oxford, for having brought me into the project. I am grateful to William Alford, Jerome Cohen, John Haley, Nicholas Lardy, Frank Upham, and Louis Wolcher for their attentive reading of earlier drafts and their detailed comments.
    [Show full text]
  • Global Constitutionalism Without Global Democracy (?)
    LAW 2016/21 Department of Law Global Constitutionalism without Global Democracy (?) Edited by Claudio Corradetti and Giovanni Sartor European University Institute Department of Law GLOBAL CONSTITUTIONALISM WITHOUT GLOBAL DEMOCRACY (?) Edited by Claudio Corradetti and Giovanni Sartor EUI Working Paper LAW 2016/21 This text may be downloaded for personal research purposes only. Any additional reproduction for other purposes, whether in hard copy or electronically, requires the consent of the editors. If cited or quoted, reference should be made to the full name of the editors, the title, the working paper or other series, the year, and the publisher. ISSN 1725-6739 © Claudio Corradetti and Giovanni Sartor, 2016 Printed in Italy European University Institute Badia Fiesolana I-50014 San Domenico di Fiesole (FI) Italy www.eui.eu cadmus.eui.eu Editors' contact details Claudio Corradetti Associate Professor of Political Philosophy of Human Rights University of Rome “Tor Vergata” Rome, Italy [email protected] Giovanni Sartor Professor of Legal Informatics and Legal Theory European University Institute Florence, Italy [email protected] Abstract The contributions in this volume investigate interconnected aspects of the democratic deficit in global constitutionalism. The commonly shared question is the following: to what extent, if any, a global (or cosmopolitan) shift of international law can proceed absent a transnational democratic check? Some scholars are convinced that this is a real problem since that a ‘division of labour’ is to be recognized between national and regional/international legal levels, only the first needing a democratic legitimacy. The contributors to this volume, on the contrary tend to share the view that detaching the production of international law from constituent will, as well as from a democratic framework, can indeed undermine constitutional legitimacy.
    [Show full text]
  • General Information Oral 1-2
    General Information General Information Programs Mon 31 Jul: Short Courses Tue 1 Aug: Plenary and Technical Sessions & Welcome Reception Wed 2 Aug: Technical Sessions & Conference Banquet Thu 3 Aug: Technical Sessions Fri 4 Aug: Postdeadline Paper Session Exhibition Date: 1st Aug 2017 Time: 14.00-18.00 Venue: Room 4701 Date: 2nd Aug 2017, 3rd Aug 2017 Time: 8.30-18.00 Venue: Room 4701 All attendees are welcomed to visit the exhibition and build professional contacts. Explanation of Session Codes Oral 1-2 B-3 Day of the Conference Session Number (4 sessions a day) Room Presentation Order IV General Information Presentation Guideline Instructions for Presenters Speakers are requested to be in their respective session rooms at least 10minutes prior to the commencement of each session. The duration of a plenary/keynote presentation is 45 minutes. This includes 35 minutes for the presentation itself and 5 minutes for Q&A. The duration of an invited presentation is 30 minutes. This includes 25 minutes for the presentation itself and 5 minutes for Q&A. The duration of a regular presentation is 15 minutes. This includes 12 minutes for the presentation itself and 3 minutes for Q&A. We would appreciate if all presenters can adhere strictly to this time limit. Presentation mush be carried our using Microsoft PowerPoint or PDF. No slide prejectors will be made available. Speakers should being their presentation materials in a thumb-drive and upload the files from 08:00—08:30 daily or during the tea breaks or lunches. Instructions for Presiders We provide a small bell in every session room.
    [Show full text]
  • The CCP Central Committee's Leading Small Groups Alice Miller
    Miller, China Leadership Monitor, No. 26 The CCP Central Committee’s Leading Small Groups Alice Miller For several decades, the Chinese leadership has used informal bodies called “leading small groups” to advise the Party Politburo on policy and to coordinate implementation of policy decisions made by the Politburo and supervised by the Secretariat. Because these groups deal with sensitive leadership processes, PRC media refer to them very rarely, and almost never publicize lists of their members on a current basis. Even the limited accessible view of these groups and their evolution, however, offers insight into the structure of power and working relationships of the top Party leadership under Hu Jintao. A listing of the Central Committee “leading groups” (lingdao xiaozu 领导小组), or just “small groups” (xiaozu 小组), that are directly subordinate to the Party Secretariat and report to the Politburo and its Standing Committee and their members is appended to this article. First created in 1958, these groups are never incorporated into publicly available charts or explanations of Party institutions on a current basis. PRC media occasionally refer to them in the course of reporting on leadership policy processes, and they sometimes mention a leader’s membership in one of them. The only instance in the entire post-Mao era in which PRC media listed the current members of any of these groups was on 2003, when the PRC-controlled Hong Kong newspaper Wen Wei Po publicized a membership list of the Central Committee Taiwan Work Leading Small Group. (Wen Wei Po, 26 December 2003) This has meant that even basic insight into these groups’ current roles and their membership requires painstaking compilation of the occasional references to them in PRC media.
    [Show full text]