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Challenge of exception to procedural democracy: constitutional emergency power

journal contribution
posted on 01.01.1993, 00:00 authored by Baogang HeBaogang He
The problem of the exception raised by Carl Schmitt challenges procedural democracy during transitional period, in particular in today's Eastern Europe and tomorrow's China. This paper attempts to defend the coherence of proceduralism by discussing and overcoming the problem of the exception. It examines and criticizes the arguments in Schmitt's theory of the exception and formulates a basic liberal idea of the exception. It also provides a theoretical basis for revising articles concerning emergency power in the 1982 Constitution in China.

History

Journal

Journal of contemporary China

Volume

2

Issue

4

Pagination

35 - 57

Publisher

Taylor & Francis

Location

Abingdon, Eng.

ISSN

1067-0564

eISSN

1469-9400

Language

eng

Publication classification

C1.1 Refereed article in a scholarly journal

Copyright notice

1993, Center for Modern China