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Constitutionalism And China

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Chapter Summary

This chapter discusses the nature of constitutionalism, identifies its three key components, offers a theoretical justification for these three as they directly relate to China's unique situation, and examines the feasibility of implementing a Chinese constitutionalism. Constitutionalism is comprised of three essential components: democracy, the rule of law, and human rights, with democracy constituting the foundation of, the rule of law as the critical requirement for, and human rights as the guaranteed goal of constitutionalism. The second universal component of constitutionalism is the rule of law. The rivalry between the rule of law and the rule of leaders has, for several thousand years, existed in both the East and the West. The third fundamental component of constitutionalism is the full guarantee of human rights. The transition from a centrally planned economy to a market economy is characterized in four major political and legal changes.

Keywords: Chinese constitutionalism; human rights



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