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Social Transformation And The Development Of Constitutionalism

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Chapter Summary

In order to illustrate the development of the constitutional and legislative systems over the past thirty years, the chapter talks about the development of "constitutionalism" to encapsulate the two. China's thirty-year march towards the rule of law is based on working towards constitutionalism, and much of the success in the development of the legal system has been won through constitutional measures. The Constitution has affirmed an unprecedented sense of value in the rule of law, provided the government with a basis for legitimacy, and established democracy as an eventual goal. Although the Constitution has not led social transformation, it has developed along with society and provided the legal foundation to public efforts towards reform. The National People's Congress's (NPC) legislation has been the source for thirty years of legal development, and is ultimately the principal means for advancing China's legal system.

Keywords: China; Constitutionalism; democracy; legislative systems; National People's Congress (NPC); rule of law; social transformation

10.1163/ej.9789004184190.i-560.17
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