The China of Chiang K'ai-Shek: A Political StudyLinebarger, Paul Myron Anthony
History
The China of Chiang K'ai-Shek: A Political Study
Linebarger, Paul Myron Anthony
Chiang, Kai-shek, 1887-1975; China -- Politics and government -- 1912-1949
The constitutional system, basic in most Western states, plays a
peculiar, subordinate role in China. Consideration of the issue of
constitutionalism high-lights the most practical aspects of the issues
of full democracy. Although the purely legal aspects of constitutional
development are still unimportant in the internal power politics of
China, further constitutional development involves a very real shift in
the domestic balance of power. The fullness of national unity, and
therefore the effectiveness of resistance against Japan, depend in part
on the successful solution or compromise of the problems of
constitutionalism.
Ever since the beginnings of political modernization in China, demands
for constitutional government have included a written constitution as an
imperative prerequisite. The formidable Empress Dowager was troubled in
her last days by the Imperial constitution, a rather unimaginative
plagiarism of the Japanese Constitution of 1889. Since the Republic
began in 1912, China has continued constitutional drafting, amendment,
replacement, and suppression; many of these constitutions have gone into
legal effect. Law being what it was, practical politics flowed on
untroubled.[1] Only with the establishment of the National Government
at Nanking did constitutional structure and actual government develop
similarities.
[Footnote 1: On the Manchu constitutional programs, see _Columbia
University Studies in Political Science_, Vol. XL, No. 1: Yen,
Hawkling L., "A Survey of Constitutional Development in China";
Vinacke, Harold Monk, _Modern Constitutional Development in China_,
Princeton, 1920; Cameron, Meribeth, _The Reform Movement in China,
1898-1912_, Stanford University, 1931; and Hsieh, Pao Chao, _The
Government of China (1644-1911)_, Baltimore, 1925. The earlier
constitutional developments under the Republic are summarized in
Escarra, Jean, _Le Droit Chinois_, Paris and Peiping, 1936, which
includes excellent bibliographies; Tsêng Yu-hao, _Modern Chinese Legal
and Political Philosophy_, Shanghai, 1934, Ch. VI, "The Law of Modern
Chinese Constitutions"; a characteristic proposal for a pre-Kuomintang
constitution is Bau, Mingchien Joshua, _Modern Democracy in China_,
Shanghai, 1927; and the works of Lum, Wu, and Linebarger, cited above.]
THE _Yüeh Fa_ OF 1931
Public-domain text, read in full here on John Shaqi.
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