Chapter 24: Constitutional dissonance in China
Restricted access

Abstract: Despite the resurgence of comparative constitutional law, there is little English-language literature that takes an explicitly comparative perspective on China’s Constitution or uses China as a comparator. This is because the study of comparative constitutional law usually focuses on a handful of high-prestige democracies or on the decisional output of courts engaged in judicial review, a feature absent in China. While China has in practice repudiated constitutionalism, we argue that it is a mistake to define the core concepts of constitution and constitutionalism in a manner that excludes China. Having summarized the state of Chinese constitutional law, highlighted options for defining constitutionalism, and explored the values in taking China seriously as an object of study, we conclude by nominating an additional function, that of constructive irritant, in the study of Chinese constitutionalism as generating a dialectical and critical discourse in the study of comparative constitutional law particularly for authoritarian regimes.

You are not authenticated to view the full text of this chapter or article.

Access options

Get access to the full article by using one of the access options below.

Other access options

Redeem Token

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institutional Access

Personal login

Log in with your Elgar Online account

Login with you Elgar account