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 |
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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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