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2 - China’s Socialist Rule of Law and Global Constitutionalism

from Part I - Groundwork

Published online by Cambridge University Press:  09 November 2018

Takao Suami
Affiliation:
Waseda University, Japan
Anne Peters
Affiliation:
Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht, Germany
Dimitri Vanoverbeke
Affiliation:
Katholieke Universiteit Leuven, Belgium
Mattias Kumm
Affiliation:
Humboldt-Universität zu Berlin
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Summary

In chapter 2, Bin Li analyses China’s Socialist Rule of Law and connects this to Global Constitutionalism. Li states that constitutionalism as such has evolved unevenly since being introduced into China’s legal rhetoric. China’s past and current attitudes toward constitutionalism during the State- and institution-building process have had an important impact on China’s strategic choices regarding fundamental constitutional principles and global governance. It is questionable whether Global Constitutionalism would be able to accommodate the politics and forms of constitutional practice in China. China’s conservative domestic position on constitutionalism is echoed globally by its scepticism regarding the function of international law as a way to contain power and politics. The country is therefore unlikely to be persuaded by the merits of Global Constitutionalism, except to the extent that it is actually able to compensate for the limits of international law in subordinating politics to law and power to justice. Entering this century, China – as a rising major power ¬– is no longer satisfied with preserving its national autonomy passively; it aims to acquire more “power of language” and even leadership in global affairs. It remains to be seen, however, whether China is prepared, theoretically and practically, for such a profound change.
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Publisher: Cambridge University Press
Print publication year: 2018

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