Home -> Law Blog Directory -> Academic Blogs -> Law at the End of the Day
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: Law at the End of the DayPodcast of Presentation at Penn State: "The Party as Polity"
A podcast of the presentation be accessed by clicking HERE.
The abstract of the work follows:
The Party as Polity, the Communist Party, and the Chinese Constitutional State: A Theory of State-Party Constitutionalism
Pennsylvania State University - Dickinson School of Law
Abstract:
Since the establishment of the Soviet Union, constitutional theory has tended to look suspiciously at the constitutionalization of Marxist Leninist state apparatus under the control of a single party in power. There is a sense of illegitimacy, and a suggestion of the construction of sham constitutions, in regimes in which the ultimate state power is vested in an apparatus which itself is subject to the direction of an extra constitutional power, which in turn is meant to mask personal rule. These judgments have formed the basis of analysis of Chinese constitutionalism as well, serving as the foundations for critique especially after the reforms of Deng Xiaping and his successors after 1989. But are these criticisms inevitably correct in general, and wholly applicable in the post 1989 Chinese context? This paper explores those questions, suggesting a basis for the articulation of a legitimizing constitutionalist theory for states organized on a state-party model along certain lines. Focusing on the evolution of state-party constitutionalism in China since 1989, the article first reviews the basic principles of current constitutionalism theory and its importance as a legitimating global ideology against which state organization, and the actions of state officials, are judged. The article then looks to the evolution of the party-state model of governance from its origins in 19th century European Marxist-Leninist theory to its reception in China in the 1920s, and its modern transformation ?under the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of 'Three Represents'? (PRC Constitution 2004, Preamble). Drawing from the implications of the evolution of theories of state-party constitutionalism in China, the article suggests that it is possible to theorize a state-party model of state organization that remains true to the ideals of constitutionalism grounded in the core postulate of rule of law governance. This argument is based on an understanding of the relationship between state and Party grounded in (1) a division between economic and social citizenship, which is the right of all persons, and political citizenship, which can be exercised through the Party though not exclusively in the Party, (2) an understanding of political organization in which the state power and its institutions are subordinate to political authority, (3) an institutionalization of political authority within a collective that serves as the source and conduit of constitutional values to be applied by the holders of state authority, and (4) a system in which Party elaboration of rule of law values is contingent on state and party self discipline. Rule of law constitutionalism in China, then, is better understood as state-party constitutionalism, with a necessary focus on party rather than state, grounded in separation of powers principles in which the administrative function is vested in the state and political authority over all is vested in the Party under law.
? ??? ???????????????????????????????????????????????????????????????????????? ???????????????????????????????????????????????????????????????????????? ???????????????????????????????????????????????????????????????????????? ???????????????????????????????????????????????????????????1989????????? ?????????????????????????????????????????1989??????????????????????????? ????????????????????????????????????????????1989???????????????????????? ???????????????????????????????????????????????????????????????????????? ????????????????????????????????????????????????????????????????????? ???2004????????????????????????????????????????????????????????????????? ???????????????????????????????????????????????????????????????????????? ???????????????????????????????????????????????????????????????????????? ?????????????????????????????????????????????1??????????? ?????????????????????????2?????????????????3?????????????????????4?????? ???????????????????????????????????????????????????????????????????????? ???????????????????????????????????????????????????????????????????????? ??????????
Full post as published by Law at the End of the Day on October 21, 2009 (boomark / email).
Selection of State Supreme Court Judges
How State Court Judges are Selected
Asbestos Cleanup
Penn. Electric Co. pays part of $77,498 settlement in environmental lawsuit.
Third Party Mobile Content Charges Settlement
Third Party Mobile Content Charges Class Action Settlement
Google Inc.
alleging deceptive charges for ads displayed on third party web sites.
Underage DUI
Minor injured in car accident after a Halloween party is awarded $1.5 million.
Cell Phone Services
AT&T Mobility may have to pay $10 million to Florida customers after charging for third-party services.
State Street Corporation 401(k) / ERISA Stock Fraud
State Street Corporation 401(k) / ERISA Stock Fraud

Kahn Leaves Penn State for Washington & Lee
Thompson Presents Joe the Plumber and the $4.60 Progressivity Debate at Penn State
CalBizLit Presents The First Finz PodCast
Penn State freshman ask, Is God homophobic








