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Revisiting Federalism: Core And Basic Characteristics, Haiting Zhang
Revisiting Federalism: Core And Basic Characteristics, Haiting Zhang
haiting zhang
ABSTRACT This article makes analytical and comparative studies on the essential characteristics of federalism: legally shared sovereignty, constitutional specific division of powers and a court arbiter role. The essence of a state is sovereignty; the allocation of sovereignty within a state thus determines its nature. Because of the inconsistency between legal sovereignty and political sovereignty, to study federalism from a legal point of view requires determining where legal sovereignty resides. The traditional sovereignty atom was split in accommodation of the dramatic theoretical and political revolution early in America’s history; the theory of popular sovereignty largely contributed to the transformation. In …
Traditional Culture V. Westernization: On The Road Toward The Rule Of Law In China, Haiting Zhang
Traditional Culture V. Westernization: On The Road Toward The Rule Of Law In China, Haiting Zhang
haiting zhang
Meaningful studies on China cannot ignore traditional Chinese culture and its influence in the country. A study of the rule of law of China is no exception. Generally speaking, China is not governed primarily by the rule of law. China has traditionally been an agrarian state—a characteristic that has historically fostered a strong family system. China’s agrarian nature also shaped traditional characteristics of Chinese culture in which rule of law is largely non-existent. Historically, the rule of man, a traditional Chinese value, has served as one of the major obstacles to China achieving legal modernization. Substantial legal westernization is an …