Regulating Power - A Legal Study of the Legitimacy 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 actor is established; In a global context, a new concept of inter-subjective sovereignty is argued; Based on the structural analysis of power, the author studies power structure models, arguing the intrinsic connection between the network structure of power and constitutionalism; From a dynamic perspective, the author studies the genealogy of power, the sources of power, power ownership, the function of power, the due process of exercising power, the resistance and resolution of power, the evaluation criteria of power, the abuse of power, and the rationalization of power; The author proposes and argues the intrinsic connection between a rule-of-law society, judicial independence, and the system of judicial review, particularly proposing and arguing the necessity and feasibility of establishing a system of judicial review under the People's Congress system.