China and Neo-liberal Constitutionalism

Abstract: This article discusses the probability of growth of neoliberalism in modern China and its implications for Chinese constitutionalism. A China polity under the vision of a neo-liberal regime engenders problems of prescribing a legal system and identifying constitutional ethos. The genesis of this article is a February 21, 2003, symposium of Chinese neo-liberals, who pro er Chinese neo-liberalism in answer to issues of reforms and Chinese constitutionalism. A Chinese neo-liberal constitutional coterie desiderates immediate democracy and a governmental model that mirrors a United States constitutional government, replete with separation of powers and independent judicial review. Such urgings are arguably a denial of both the historicity of Western liberalism and China's ontological base in tradition, being Confucianism. The historic excesses and abuses of liberalism should serve to frustrate a transplant of neo-liberal constitutionalism in China.

Keywords: China; constitutionalism; neo-liberalism; liberalism (search for similar items in EconPapers)
JEL-codes: F1 F2 (search for similar items in EconPapers)
New Economics Papers: this item is included in nep-sea
Date: Written 2004-09-18
Note: Type of Document - pdf; pages: 49

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