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Title: Socialist Constitutionalism in Contemporary China
Authors: He, Baogang
Keywords: Politics and International Relations
Constitutional and Administrative Law
Issue Date: 2017
Publisher: Cambridge University Press
Source: He, B. (2017). Socialist Constitutionalism in Contemporary China. In M. W. Dowdle & M. A. Wilkinson (Eds.), Constitutionalism beyond Liberalism (pp.151-175). Cambridge, UK: Cambridge University Press.
Abstract: This chapter examines the Chinese discourse on a socialist vision of constitutionalism as an alternative to liberal constitutionalism. 1 Chinese scholars have been searching for a new constitutionalism – one which differs from the so- called state- socialism of the Chinese Communist Party (CCP), and at the same time also goes beyond liberal constitutionalism. This ‘socialist constitutionalism’ can be seen as a subversive vision of socialism, one that Chinese scholars are developing to challenge the state’s present political order. Because China’s ideological commitment to socialism predates the constitutionalisation of the Chinese state, heterodox constitutional theorists are able to use this new conceptualisation to construct a new constitutionalist discourse that challenges the authoritarian and developmentalist vision of socialism espoused by China’s ruling party-state apparatus. Th is new socialist constitutionalism differs from the Chinese state’s authoritarian socialism by focusing on the value of popular sovereignty and civil society. It differs from liberal constitutionalism in its focus on providing effective and responsive governance rather than simply limited and constrained government.
ISBN: 9781316285695
DOI: 10.1017/9781316285695.008
Schools: School of Humanities and Social Sciences 
Rights: © 2017 Cambridge University Press. This paper was published in Constitutionalism beyond Liberalism and is made available as an electronic reprint (preprint) with permission of Cambridge University Press. The published version is available at: []. One print or electronic copy may be made for personal use only. Systematic or multiple reproduction, distribution to multiple locations via electronic or other means, duplication of any material in this paper for a fee or for commercial purposes, or modification of the content of the paper is prohibited and is subject to penalties under law.
Fulltext Permission: open
Fulltext Availability: With Fulltext
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