Regulating Power: A Legal Study of Power

Author: Zhou Yongkun
Publisher:
Publish Date: 2006-11-01
Features: This is a monograph that studies power from the perspective of legal philosophy. The author conducts pioneering research on the philosophy of power using normative methods. The author proposes a normative definition of power. In the normative analysis of the elements of power, a ternary analytical framework of power subject, power object, and power agent is established. Against the global backdrop, a new concept of inter-subjective sovereignty is argued. Based on the structural analysis of power, the author studies power structural models and argues the intrinsic connection between the network structure of power and constitutionalism. From a dynamic perspective, the author examines the ontogenetic issues of power, the sources of power, power ownership, the functioning of power, the due process of exercising power, the resistance and resolution of power, the criteria for evaluating power, the abuse of power, and the rationalization of power. The author also proposes and argues the intrinsic connection between a rule-of-law society and judicial independence, judicial review, particularly proposing and arguing the necessity and feasibility of establishing a judicial review system under the People's Congress system.