The Constitutional Review on Resignation and Appointment of the Standing Committee member - on the basis of non-dominant freedom and exclusion -

Public Law ◽  
2020 ◽  
Vol 48 (4) ◽  
pp. 203-230
Author(s):  
WonYong CHO
2016 ◽  
Vol 16 (1) ◽  
pp. 1-15 ◽  
Author(s):  
Victor C. Shih

The purges of former Politburo Standing Committee member Zhou Yongkang, former Central Military Commission Vice Chairman Xu Caihou, and the former head of the Central Committee Office Ling Jihua in 2014 re-excited a long-standing debate in the field of elite Chinese politics: how contentious is politics at the elite level? On the face of it, these purges, as well as the arrests of ninety nine senior officials associated with these three individuals and with other cases, seem to prove that elite politics remains highly contentious at the top (People's Daily 2015). This outcome was surprising considering that decades of institution building had taken place after the Cultural Revolution. However, proponents of institutionalized politics in the CCP argue that the leadership had a genuine desire to clean house, and that these arrests, even if politically motivated, instilled a renewed discipline in the party. Once the “bad apples” were eliminated, the leadership under Xi Jinping would have continued on the road of institutionalization (Li 2014). Cadre promotion institutions, regular meetings of the Politburo and its standing committee, party congresses, and retirement rules remain largely unaffected by the purges and will continue to ensure relatively harmonious decision making and predictable successions in the foreseeable future.


2021 ◽  
pp. 1-23
Author(s):  
Christian Sorace

Abstract In its one hundred years of existence, the Communist Party of China has experimented with how to connect its narratives of legitimacy to people's affects. In this essay, I trace the conceptualization of gratitude, from its repudiation in the Mao era as a vestige of feudalism and imperialism to its return in the reform era as a re-verticalization of Party sovereignty. The paper addresses four examples of gratitude work: Politburo Standing Committee member Wang Yang's short-lived critique of gratitude in the name of a different conception of popular sovereignty; the celebration of the tenth anniversary of the Sichuan earthquake as a day of gratitude; the detention of Uyghurs in Xinjiang who are taught to be grateful to the Communist Party in a campaign of religious de-radicalization; and the refusal of gratitude in quarantined Wuhan during the COVID-19 pandemic. In these cases, the Communist Party's sovereignty stands at the threshold between bio- and necro-politics, promising life and salvation in the midst of death and destruction.


2021 ◽  
pp. 19-40
Author(s):  
Dong Guoqiang ◽  
Andrew G. Walder

This chapter begins by discussing how Feng County's leaders established a Cultural Revolution committee. The first party secretary, Gao Ying, was the head, and the vice-heads were Shao Wen and one other party standing committee member. The county leadership was able to maintain top-down control of the campaign for almost half a year. Not until the end of December 1966, several months after such events in China's large cities, did Red Guard and rebel groups begin to target Feng County's party leadership. The rebellion of students and others was very slow to develop, but the first stirrings were in the county seat, at Feng County Middle School. Feng County's rebel movement was so small, and so late in developing, that there were no factional divisions of the kind that emerged in China's large cities early in the autumn of 1966. The chapter then looks at the formation of the first broad alliance of local rebels, one that would play a key role in the county's factional conflicts over the next decade. The alliance became one of the county's two large factions, henceforth known by its abbreviated name, Paolian.


2020 ◽  
Vol 49 (4) ◽  
pp. 127-137
Author(s):  
Noura Erakat

In late November 2019, the Israeli Supreme Court upheld the Ministry of Interior's order to deport Human Rights Watch (HRW) director for Israel and Palestine, Omar Shakir. The court based its decision on a 2017 amendment to Israel's 1952 Entry into Israel Law enabling the government to refuse entry to foreigners who allegedly advocate for the boycott of Israel. The same law was invoked to deny entry to U.S. congresswomen Rashida Tlaib and Ilhan Omar in the summer of 2019. The campaign against Shakir began almost immediately after he was hired by HRW in 2016, and the court's decision marked the culmination of a multi-year battle against the deportation order. In this interview, JPS Editorial Committee member, Rutgers University professor, and author Noura Erakat discusses the details of his case with Shakir in an exchange that also examines the implications of the case for human rights advocacy, in general, and for Palestinians, in particular. The interview was edited for length and clarity.


Author(s):  
Karen J. Alter

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.


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