This article juxtaposes modern Chinese constitutions and constitutionalism with constitutionalism chiefly developed in the West for clarity on the former’s lineage.
Authors
David K.C. Huang, Visiting Fellow, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Nigel N.T. Li, Professor, School of Law, Soochow University, Taipei, Taiwan.
Summary
This article juxtaposes modern Chinese constitutions and constitutionalism with constitutionalism chiefly developed in the West for clarity on the former’s lineage. As constitution is a concept foreign to China, there is no need for the country to enact any constitution unless it genuinely intends to embrace the true spirit of constitutionalism.
A comparison of three signal Chinese constitutions yields an ironic, counterintuitive result, for the Constitution of the Republic of China is a refutation of the Nationalist Basic Law of the Political Tutelage Period (enacted in 1931), whereas the Constitution of the People’s Republic of China, though enacted by the Communists, bears the legacy of the Nationalist Basic Law of the Political Tutelage.
Published in: Global Journal of Comparative Law
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