The Party’s Leadership as a Living Constitution in China

Hong Kong Law Journal, Forthcoming

24 Pages Posted: 22 Mar 2012

See all articles by Xin He

Xin He

City University of Hong Kong (CityUHK); University of Illinois at Urbana-Champaign, College of Law, Visiting

Date Written: March 19, 2012

Abstract

Different from the dominant approach in the Chinese constitutional studies which focuses narrowly on constitutional texts, this article examines the party’s leadership from the perspective of living constitution. It explores the role of party’s leadership in four constitutional areas: the relationship between the party and the congresses, party-court relations, central-local relations, and citizens’ basic rights. It argues that while the party’s leadership is absolute, there remains room for innovation, development, and power advancement for other state apparatuses and citizens’ rights. This occurs because either the party’s own interests so require, or it lacks capacity for effective control. These patterns allow us to understand the current and the future trajectories of China’s constitutional development.

Suggested Citation

He, Xin, The Party’s Leadership as a Living Constitution in China (March 19, 2012). Hong Kong Law Journal, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2026308

Xin He (Contact Author)

City University of Hong Kong (CityUHK) ( email )

83 Tat Chee Avenue
Kowloon
Hong Kong

University of Illinois at Urbana-Champaign, College of Law, Visiting

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

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