Constitutionalism, Rule of Law, and Economic Development (Essays on Political and Legal Thought)

Author: Zhang Qianfan
Publisher:
Publish Date: 2004-10-01
Features: It might be thought that constitutionalism is important for safeguarding personal freedom and rights, but perhaps dispensable for a country's economic development. Since the reform and opening-up, we have gradually recognized the importance of the rule of law for the market economy, but have not yet fully realized the significant role of constitutionalism in economic development. Many people even consider the constitution to be an empty document detached from actual social life. The purpose of this book is to clarify this widespread misunderstanding. Just as ensuring basic rights, constitutionalism is indispensable for building a market economy and achieving sustainable development. Without constitutionalism, property rights would not be adequately protected, economic activities would be subject to arbitrary state intervention, central and local fiscal and financial relations would be in a state of disorder, and it would be difficult to establish a nationwide market competition order. The judicial system would also struggle to meet the basic requirements of administrative rule of law demanded by the market economy. This book explores the crucial role of constitutionalism in economic development from multiple angles, including judicial independence, administrative rule of law, political democracy, fiscal federalism, and the constitutional protection of economic rights. The book presents original perspectives, is rich in content, rigorously argued, and draws on diverse sources, making it a powerful work that combines general principles of constitutionalism with specific social practices. It might be thought that constitutionalism is important for safeguarding personal freedom and rights, but perhaps dispensable for a country's economic development. Since the reform and opening-up, we have gradually recognized the importance of the rule of law for the market economy, but have not yet fully realized the significant role of constitutionalism in economic development. Many people even consider the constitution to be an empty document detached from actual social life. The purpose of this book is to clarify this widespread misunderstanding. Just as ensuring basic rights, constitutionalism is indispensable for building a market economy and achieving sustainable development. Without constitutionalism, property rights would not be adequately protected, economic activities would be subject to arbitrary state intervention, central and local fiscal and financial relations would be in a state of disorder, and it would be difficult to establish a nationwide market competition order. The judicial system would also struggle to meet the basic requirements of administrative rule of law demanded by the market economy.