Developing a new analysis framework for examining constitutional in mainland China

Zhang, Wenjuan (2020) Developing a new analysis framework for examining constitutional in mainland China. Indian Journal of Constitutional Law, 9. pp. 144-172.

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Abstract

The purpose of this paper is to develop an analysis framework beyond political philosophy orientation for examining the development of constitutionalism. The parameters of the new analysis framework are summarized on the basis of convergency and divergency of constitutionalism theories. After reviewing the struggles of constitutional transformation from the revolution-oriented social order to the rule of law order, the paper has also analyzed the constituted form in the Constitution (1982) from the perspective of popular sovereignty. Finally, the author conducts a detailed discussion of Chinese constitutionalism in the three parameters and makes her argument that China has a thin version of constitutionalism despite the challenges ahead.

Item Type: Article
Keywords: Popular sovereignty | Constituted form | Constitutional enforcement | Constituent power
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: 25 Mar 2022 15:21
Last Modified: 25 Mar 2022 15:21
Official URL: https://ijcl.nalsar.ac.in/wp-content/uploads/2020/...
URI: https://pure.jgu.edu.in/id/eprint/1822

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