Constitutional Revisionism in the PRC: Seeking Truth from Facts
Hal E. Blanchard
Patterson Belknap Webb & Tyler LLP
Florida Journal of International Law, Vol. 17, pp. 365-403, 2005
Fordham Law Legal Studies Research Paper No. 895125
March 2004 witnessed a dramatic overhaul of the People's Republic of China's fledgling constitution, reflecting a concerted effort by the Chinese Communist Party ("CPC") to protect private property, promote the private sector, and secure human rights. This article analyzes the practical implications of constitutional revisionism with respect to the changing economic, political, and social agendas of the CPC as it has evolved under Deng Xiaoping's policy of "Reform and Opening Up." Absent electoral democracy or judicial review, the long list of rights provided for in the amendments is thought to be largely symbolic, yet the CPC's search for a new legitimacy under the rubric of Western constitutionalism should not be condemned outright. This article argues that despite its totalitarian tendencies, China is currently in the process of working out its own hybrid form of constitutionalism in which law has begun to replace party policy and the "cult of personality" as an independent source of legitimation.
Number of Pages in PDF File: 40
Keywords: China, constitution, human rights, communism, rule of law, socialist democracy
JEL Classification: K00, K10, K19, K30, K33, K40, O40, P20, P26, P30Accepted Paper Series
Date posted: April 11, 2006
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