China’s Constitutionalism Debate: Content, Context And Implications

In 2013, a debate on constitutionalism erupted between liberals advocating better implementation of China’s Constitution and anti-constitutionalist voices claiming that this would harm the political order and the reform project. The debate emerged against the background of a choppy political transition and proliferating social concerns, as well as hopeful expectations regarding the new leadership. However, the anti-constitutionalist position was closely aligned with the new Politburo Standing Committee’s agenda, which continues to reject the notion of a law-based political order and institutionalization of fundamental relationships between the Party, the state and citizens. This has significant implications for the direction of Chinese legal reforms and related scholarly understandings.