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Some of the rich contributions to research at the Kettering Foundation come from the many visitors and residents who stay at the foundation for short periods of time and work on ideas related to the research of the foundation, but considered through their own lenses of practice and place. Collected Essays gathers excerpts or adaptations of reports on research projects conducted by some of Kettering's international fellows during their stay at the foundation. The subjects are as varied and far-flung as the fellows themselves, who are from Zimbabwe, Colombia, Brazil, China, Russia, and New Zealand. These essays reflect the learning that grew out of their stay and their research in their home countries. They are intended, among other things, to provide ideas, guidance, and inspiration for those who come after them. Chapters in this volume include:Foreword, Maxine ThomasImplementation of the Chinese and US Constitutions: A Comparative Study, Zhai GuoqiangNo Deaf Left Behind, Leonardo Neves CorreaGlobal Trends in Agricultural Policymaking and Production, Tendai MurisaAn Analysis of Ideological Factors in the Selection Process for Justices of the Supreme Court in the United States, Liu HuiCan the Equal Protection Doctrine in the United States Be Applied to Judicial Practice in China?, Jing ZhouPutting Our Minds Together for a Better Future, Harley EagleStrategies for Creating a Friendly Environment in an Unfriendly World, Alina StarinetsCross-Cultural Management of International Education, Zhang ChunpingThe Rural Issue in Colombia at the National and Local Levels, Angela Navarrete-Cruz"Who Are We?," Guo JieAn Interview with Maureen Gillon, Maura Casey

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Publié par	Kettering Foundation
Date de parution	01 décembre 2015
Nombre de lectures	0
EAN13	9780923993658
Langue	English

Informations légales : prix de location à la page 0,0474€. Cette information est donnée uniquement à titre indicatif conformément à la législation en vigueur.

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COLLECTED ESSAYS
COLLECTED ESSAYS
Kettering Foundation International Residents

Kettering Foundation Press
Editor: Ilse Tebbetts
Design and Production: Long’s Graphic Design, Inc.
Copy Editor: Lisa Boone-Berry
Chapters 1, 4, 5, and 10 were translated from Chinese by Yvonne Walls.
Chapter 9 was translated from Spanish by Cathy Bahr.
©2015 by the Kettering Foundation
ALL RIGHTS RESERVED
Collected Essays is published by Kettering Foundation Press.
The interpretations and conclusions contained in this book represent
the views of the authors. They do not necessarily reflect the views of the
Charles F. Kettering Foundation, its directors, or its officers.
For information about permission to reproduce selections from this book, write to:
Permissions
Kettering Foundation Press
200 Commons Road
Dayton, Ohio 45459
This book is printed on acid-free paper.
First edition, 2015
Manufactured in the United States of America
ISBN: 978-0-923993-60-3
Library of Congress Control Number: 2015938467
CONTENTS
Foreword
by Maxine Thomas
1. Implementation of the Chinese and US Constitutions: A Comparative Study
by Zhai Guoqiang
2. No Deaf Left Behind
by Leonardo Neves Correa
3. Global Trends in Agricultural Policymaking and Production
by Tendai Murisa
4. An Analysis of Ideological Factors in the Selection Process for Justices of the Supreme Court in the United States
by Liu Hui
5. Can the Equal Protection Doctrine in the United States Be Applied to Judicial Practice in China?
by Jing Zhou
6. Putting Our Minds Together for a Better Future
by Harley Eagle
7. Strategies for Creating a Friendly Environment in an Unfriendly World
by Alina Starinets
8. Cross-Cultural Management of International Education
by Zhang Chunping
9. The Rural Issue in Colombia at the National and Local Levels
by Angela Navarrete-Cruz
10. “Who Are We?”
by Guo Jie
11. An Interview with Maureen Gillon
by Maura Casey
Foreword
by Maxine Thomas
S ome of the rich contributions to research at the Kettering Foundation come from the many visitors and residents who stay at the foundation for short periods of time and work on ideas related to the research of the foundation, but considered through their own lenses of practice and place. This is true whether the visitor is from the United States or from another country.
The pieces in this book are excerpted or adapted from reports on research projects conducted by some of our international fellows during their stay at the foundation. They are intended, among other things, to provide ideas, guidance, and inspiration for those who come after them. The subjects are as varied and far-flung as the fellows themselves, although a surprising number of them deal with the problems of minority groups seeking civic agency. They reflect the learning that grew out of their stay and their research in their home countries.
Some of these fellows chose topics that illuminate problems of critical interest in their own parts of the world. Tendai Murisa from Zimbabwe and Angela Navarrete-Cruz from Colombia write about the need for agrarian reform and illuminate the struggles of small-holder rural populations in Africa and in Colombia to gain a significant say in the agricultural policymaking of their countries. Leonardo Neves Correa introduced Kettering to a completely new audience. He explores controversies over education for the deaf in his native Brazil. Each of these authors uses the experience to build upon skills derived from earlier experience with KF and honed in their immersive research while in residence.
Three of our Chinese fellows pursued interests in the American judicial system. Liu Hui examines the changing political factors that influenced the choice of US Supreme Court justices throughout the history of the court. Zhai Guoqiang analyzes the intricate differences underlying the structure and implementation of the US and Chinese Constitutions, while Jing Zhou takes on the question of whether the Equal Protection Doctrine as implemented in the United States could be applied to judicial practice in China.
Cross-cultural matters occupy the thoughts of Alina Starinets from Russia and Zhan Chunping from China. Starinets writes about racial and ethnic tensions in both Russia and the United States, with a focus on the problems of migrants who come to Russia from former Soviet republics. Zhan’s two-part essay explores ways of improving the experiences of foreign students enrolled in international programs of Chinese and US universities and examines the experiences of immigrants in the United States in seeking to answer the question of whether America is “still a melting pot.”
Guo Jie describes a related aspect of the immigrant experience in her essay entitled, “Who Are We?”, a study of the multiple ways Latin Americans identify themselves in this country. Harley Eagle, a native North American, tells the story of a cross-cultural experience that illustrates the bonds between a Maori community in New Zealand and Native American peoples in North America.
Finally, an interview with New Zealander Maureen Gillon directly chronicles the connections between what she learned during her time at the Kettering Foundation and her work in the health-care and educational communities of her native Porirua, particularly in giving voice to heretofore disenfranchised segments of the population in and around the city.
Of necessity, the work that is presented here is a snapshot of an ongoing conversation among international residents and Kettering staff. Its utility and impact on the foundation’s larger research is only partially clear now but some of these ideas have gone on to greatly influence our multinational work, as well as to put many of our research inquiries in a fuller context. It is with pleasure that I offer this volume for your review and hope there will be something that enhances your own work.
Maxine Thomas , Vice President Kettering Foundation

1
Implementation of the Chinese and US Constitutions: A Comparative Study
by Zhai Guoqiang
L ike the United States, China has a written constitution. Many scholars think that the Chinese Constitution exists in name only. But, because they use American constitutional theories to evaluate the Chinese Constitution, these scholars cannot effectively describe it.
In the past 30 years or more, China has been basically successful in transforming its society and is notable for having maintained social stability, for maintaining economic growth, and for improving people’s lives. The Chinese Constitution, at present, differs in orientation from the centralism reflected in the Soviet model and also differs from the Western democratic model; it is difficult to explain the Chinese constitutional system using Western terminology. Therefore, academic circles need to treat this “socialist legal system with Chinese characteristics” 1 under the guidance of the party in power, seriously. In the past 30-plus years, the Chinese Constitution has not performed what would be called the normative function; rather it has mainly performed the function of providing principles of political guidance. This Constitution has reflected the mainstream ideology and changes in the nation’s basic economic system. From 1949 to the present, the Constitution has mainly provided political guidance principles or manifestos, but that is not all there is to it. In fact, together with progress in developing rule of law in China, the Chinese Constitution has had the effect of bringing legal standards into play. More and more state organs and departments have gradually begun to view the Constitution as a legal norm.
There is no model in which a single main body implements the Constitution; all state organs have the duty to implement the Constitution. In the United States, the judicial branch plays an important role in the interpretation and implementation of the Constitution, but Congress and the administrative branches also implement the Constitution within the limits of their powers. Similarly, in China different organs have the power and duty to implement the Constitution. In fact, the document stipulates that all state organs, party organizations, and social groups have the duty to implement the Constitution. Generally speaking, Western scholars describe the Chinese system of government as a centralized system. In reality, authority is distributed among the different systems and ministries. As in the United States, different departments in China have different understandings and interpretations of constitutional issues. As a result, there is also the need for constitutional dialogue between different governmental branches.
In the United States, the majority of constitutional disputes are solved through judicial review. This is a systemic arrangement designed to solve political problems through legal procedures. This type of constitutional dialogue is developed around judicial review; the courts play a leading role. However, the courts are not the only leading organ; other organs also organize platforms for dialogue within the limits of their powers. Even if it is the court that explains the Constitution during actual cases, the political departments, various social organizations, interest groups, and the public also participate in constitutional dialogues. Furthermore, sometimes this kind of dialogue occurs outside the court. For example, for those political problems not believed to involve judgment, constitutional dialogue is mainly carried out through political departments. This paper will try to analyze the dialogue mechanism in the implementation of the Chinese Constitution through comparison with the constitutional system of the United States.
Comparing the Basic Structures of the Constitutions of China and the United States
China is a densely populated, developing country. Deng Xiaoping summarized the situation in China as “large population,