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Showing posts from January, 2015

A short note on Larry Catà Backer's theory of the Chinese constitutional order

A short note on Larry Catà Backer's theory of the Chinese constitutional order
Rex regnat et non gubernat
In his articles "The Party as a Polity" and "Party, People, Government and State", Penn State's Larry Catà Backer  – a distinguished constitutionalist – challenges the consensus of Western studies of Chinese constitutionalism by asking the seemingly innocent question of whether Marxist-Leninist systems in which the state apparatus is placed under the authority of a communist party are constitutionally legitimate. 
He answers the question in the affirmative, by constructing a theory where the “whole of the Chinese constitutional order”  is a dual apparatus composed by the Statute of the Chinese Communist Party (CCP) and the State Constitution. While the Statute of the CCP bestows political power on the Chinese Communist Party, the State Constitution elects the government as the site of administrative power. Situating the CCP at the very core of China's …

Decision of the Central Committee of the Chinese Communist Party on establishing Central and local Commissions for Discipline Inspection

Decision of the Central Committee of the Chinese Communist Party on establishing Central and local Commissions for Discipline Inspection 
9 November 1949
1. Our Party has already become the ruling Party in the entire nation; Democratic United Governments at all levels have been or will be established; matters on which the Party cooperates with persons outside the Party are increasing day after day. To better enforce the Party's political line and each concrete policy; guard secret information of the state and the Party; strengthen the Party organization and discipline; keep close links with the masses; defeat bureaucratism; guarantee the correct implementation of all resolutions of the Party, it is decided to establish central and local Commissions for Discipline Inspection.
2. The tasks, functions and powers of central and local Commissions for Discipline Inspection of the Party are:
a) inspect the conducts of all departments directly controlled by the Centre,  Party organizations at…