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Several Fundamental Theoretical Issues Regarding China's Constitutional Reform

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Chapter Summary

Twenty years ago, when constitutional revision was first undertaken, China was in a period of transformation and reform: thought reform was just beginning, economic reforms were in the works, and the early stages of the plans to initiate a free-market economic system and government under the rule of law were just being implemented. Numerous constitutional revisions have been undertaken in response to emerging issues in the enforcement of constitutional law. A global survey of constitutional history reveals three primary categories, or models, of a constitution: revolutionary, reform, and constitutionalist. The constitution is the most fundamental law of the state and, as such, is the "parent law" of all other laws. Practically applicable legal standards must constitute the principal component of the Constitution, for constitutional moral norms are enforced through constitutional law. This chapter examines several theoretical issues concerning the structure and operation of state power.

Keywords: China; constitutional reform; state power; theoretical issues

10.1163/ej.9789004182127.i-302.58
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