Magna carta and Hong (magna) fan (carta): A comparison of their nature and institutions

Huang, David KC and Li, Nigel NT (2020) Magna carta and Hong (magna) fan (carta): A comparison of their nature and institutions. SOAS Law Journal, 7 (2). pp. 4-40.

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Abstract

This Article examines Magna Carta and Hong-Fan, the Chinese Magna Carta, through the lens of modern constitutional jurisprudence. It compares the nature of the two constitutional documents and their institutions. Hong-Fan represents the Chinese ideal of virtue politics (De-Zhi) and is the Confucian guide to good governance. However, it espouses absolute monarchy, advising the monarch to exercise unlimited power morally, which is the antithesis of Magna Carta. Magna Carta's contractual spirit between the ruler and the ruled, bound under law, is at odds with Hong-Fan. HongFan predates Magna Carta, but Hong-Fan is no Magna Carta, whether by nature or institution.

Item Type: Article
Keywords: Magna Carta | Hong-Fan | Chinese Magna Carta
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 29 Mar 2022 16:12
Last Modified: 31 Mar 2022 06:13
Official URL: https://heinonline.org/hol-cgi-bin/get_pdf.cgi?han...
URI: https://pure.jgu.edu.in/id/eprint/1952

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