This panel involves 7 public scholars in China. Four speakers will give presentations and Prof. Qinwei GAO and Dr. P.Y. Lo will be the commentators. This panel will be moderated by Prof. Cora CHAN. Prof. WANG will share the latest debate over the nature of constitutional law in contemporary China, and invite one German scholar...
A Prequel to the Constitutional Review in China: the Rise of “Constitutional Supremacy“ in the Confinement of the NPC System
The Chinese constitutional system is a unique mixture of the NPC regime and the norms of “constitutional supremacy“. The People‘s Republic of China has been a state with “a written constitution“ for decades; however, the idea of some kind of “the review of the consistency with the Constitution of legal documents“ was brought into the...
Constitutional Review in Action?: the Current Developments of the NPCSC‘s Record and Review Mechanism
Is China‘s constitutional review in action? It shall be answered from two perspectives: normative and practical. The Chinese Constitution authorized the NPC and NPCSC to supervise constitutional enforcement. However, this supervision did not run routinely. There is no special mechanism of constitutional review in China. It is embedded in the NPCSC‘s mechanism of Record and...
From Political Constitution to Staatscrecht
Since 2008, China‘s constitutional scholarship has brought the controversy between political constitutionalism and normative constitutionalism. China‘s political constitutionalism has its unique social background, which is influenced by Britain‘s political constitution. However, there is not a lot of consensus within Chinese political constitutional scholarship;and, there is a different theoretical background from UK. Although China also adopts...
The Institutional Competence of the NPCSC and Other Reviewers: the Possibility and Predicament of Constitutional Review in China
In the end of 2017 when the first report on the review of legal document was submitted and published by the NPCSC, constitutional review quickly drew much attention from public law scholars. Whether and how the NPCSC and other standing committees at local levels can possibly take the significant function of constitutional review can be...