The Constitution of China. A Contextual Analysis
Hart Publishing - 2012
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This book offers a critical perspective for the evaluation of the nature and
role of the constitution and of constitutional reform in China. China now
represents a highly unusual combination of socio-historical circumstances in
which a socialist legal system, headed by a communist party, is with apparent
success abandoning many key features of the socialist tradition in the pursuit
of a market economy and private rights in property. A particularly interesting
feature of the Chinese case is that the constitutional basis for China's
apparently highly-successful programme of economic reform is one developed for
the Soviet Union some seventy years ago. It is thus an early case of a socialist
legal transplant, and one that has outlived its progenitor by many decades. Even
amongst socialist systems the Chinese case is especially interesting. China has
remained fairly true to the original template: not only did the People's
Republic of China ('PRC') in its 1982 Constitution retain the Stalinist model
(albeit with an essentially Presidential constitutional form), it did so with a
strong emphasis on ideology and a continuing commitment to communist party
leadership.
