The China of Chiang K'ai-Shek: A Political Study — John Shaqi
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
[Footnote 7: For a critique and appreciation of the final Draft
Constitution, see Wu, John C. H., "Notes on the Final Draft
Constitution" in _Tien Hsia Monthly_, Vol. X, No. 5 (May 1940), p.
409-26. (Dr. Wu is one of the most extraordinary personages of the
modern world; he has taken all knowledge--East Asiatic and
Western--for his province. He writes a spirited, graceful English and
is capable of discussing anything from modern politics or abstruse
points of Anglo-American law to ancient Chinese hedonism or the
philosophical implications of the _Autobiography_ of St. Thérèse of
Lisieux. Dr. Wu, in a bomb-shelter, possesses much of the moral poise
and profound personal assurance for which such Westerners as T. S.
Eliot seek in vain.) See also Hsia, C. L., "A Comparative Study of
China's Draft Constitution with That of Other Modern States," in _The
China Quarterly_, Vol. 2, 1936-7, No. 1 (Summer), p. 89-101 and Hoh
Chih-hsiang, "A History of Constitution Making in China," the same,
Vol. 1, 1935-6, No. 4 (Summer), p. 105-117.]
The Constitution consists of eight Chapters, comprising one hundred and
forty-seven articles. Chapter I defines the Chinese state as "a San Min
Chu I Republic" (_Art._ 1), declares sovereignty to be "vested in the
whole body of its citizens" (_Art._ 2), defines the territories of the
republic, specifies racial equality for the "races of the Republic of
China," designates the national flag, and declares Nanking to be the
capital. Chapter II covers, in nineteen very specific articles, the
entire field of private rights and of the civic privileges of
individuals. Most specifications carry the qualification, "in accordance
with law" or "except in accordance with law." Since law is defined
further in the Constitution as "that which has been passed by the
Legislative _Yüan_ and promulgated by the President," the qualification
impresses many persons as sinister rather than encouraging. Except for
this point, the specific constitutional guarantees exceed in number and
specificity those of almost any other modern constitution.
The _Kuo-min Ta-hui_ (either "National Congress" or "People's Congress")
is the subject of Chapter III. This body has a function unlike that of
any Western agency; the nearest equivalent is the National Assembly of
the Third French Republic. This Congress is an electoral and constituent
body with fundamental legislative powers. It is not intended to usurp
the functions of the Legislative _Yüan_ by fulfilling the role of a
United States Congress, French Deputies and Senate, or a British
Parliament. Meeting once every three years for a one-month session, it
will be manifestly unable to act as a routine Western-type legislature.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account