Constitution before Constitutionalism: the Comparative Study of Distribution of Power in the Northern Song China and Pre-industrial England

憲政前的憲法:北宋中國與前工業化時代英格蘭的分權實踐比較研究

Student thesis: Doctoral Thesis

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Award date6 Jul 2024

Abstract

Ancient Chinese constitutional practices, particularly in terms of power distribution, have often been misconstrued in modern scholarship. They have frequently been obscured by a veil of monarchic despotism when viewed through the lens of modern Western constitutionalism. This, in turn, has influenced academic discussions on modern Chinese political and constitutional reform. This dissertation aims to offer a fresh perspective on the ancient Chinese power structure by conducting a comparative study of power distribution schemes in Northern Song China and pre-industrial England. Its purpose is to rectify misunderstandings surrounding ancient Chinese power distribution practices. The main focus of the dissertation is to argue that the English model of power distribution is not inherently superior to its Northern Song Chinese counterpart. Moreover, it posits that even for pre-industrial England, its divergent power distribution scheme was not necessarily optimal for its own context. The dissertation is divided into seven main chapters, in addition to the introduction and conclusion chapters. Following a chapter dedicated to establishing a theoretical framework, the third and fourth chapters delve into the origins and formation of different power distribution traditions in ancient China and pre-industrial England, respectively. The subsequent three chapters provide a more detailed analysis of power distribution at various levels, including the balance of power between the monarch and government, representative institutions, and mechanisms for redressing power imbalances. The case studies chapter investigates the functions and interactions of these different branches of power in two exemplified cases from both nations. Finally, the concluding chapter summarizes the theoretical implications derived from the research findings. A fundamental finding of the dissertation is that the power distribution schemes of Northern Song China and pre-industrial England represent distinct localized knowledge shaped by different historical power dynamics. Therefore, the modern inclination to consider the separation of powers under Western constitutionalism as a universal value would be inappropriate for the political reform of modern China. Instead, a more suitable approach would be to draw inspiration from the power distribution practices of Northern Song China. These implications ultimately establish a connection between the constitutional traditions of ancient China and the ongoing process of modern Chinese constitutional reform, guiding its future direction.

    Research areas

  • Distribution of Power, Legal History, Comparative study