Over the last decade, Chinese constitutional law has become an ever-vibrant field, which has incorporated a series of new topics, perspectives and methodologies, leading to vastly different yet equally stimulating takes on the what, why and how of constitution in China. This panel intends to, in a small way, reflect these new developments in this...
Civil Liberty and the Use of Surveillance Materials in Counter-Terrorism Law Enforcement — A Constitutional Reappraisal
The balances between liberty and the response to terrorism were struck in the first flush of emergency. This is especially the case when governments employ surveillance materials in counter-terrorism law enforcement. On one hand, it is imperative for the domestic law enforcement officers to maintain order with the widespread use of surveillance materials. One the...
Revamping the Rule of Party’s Rule
It is widely observed that over the past six years under the current government there has been a re-focusing on and re-strengthening of the Chinese Communist Party in the social, economic and political lives of contemporary China. To many commentators, this noticeable return of the Party is much alarming given the authoritarian nature of the...
Reverse Law-making: Constitutional Review with Chinese Characteristics
Around the globe, constitutional review is normally performed in a confrontational or hostile environment, where the reviewing organ, be it a court, or an institute in other forms, usually nullifies an unconstitutional legislation to uphold the authority of the supreme law of a specific jurisdiction. By contrast, the National People’s Congress Standing Committee, the de...
Social Movement and Constitutional Change: The Case of America and China
The major challenge that the theory of constitutional change in contemporary United States faces is social movement, and its core concern is to balance and maintain legal and political authorities of the Constitution through interpretation. At the descriptive level, the thoughts of liberal scholars who criticized the theory of originalism restored the true colors of...