Constitutional governance in ‘Greater China’ and the Unfinished Project of Chinese Constitutionalism

Professor Chen, Albert Hung Yee   (Principal Investigator (PI))

36

2019-01-01

491980

Constitutional governance in ‘Greater China’ and the Unfinished Project of Chinese Constitutionalism

China, constitutionalism, Hong Kong, rule of law, Taiwan

Law

Humanities & Social Sciences (H)

17611318

General Research Fund (GRF)

2018

Completed

1) To examine the present state of constitutionalism (or lack thereof) in China, including its historical background, the operation of the current Constitution (1982), the current practice and discourse of Rule of Law and pubic law in China, and the possible foundations and resources that exist at present for the possible development of Chinese constitutionalism in the future; 2) To review the development of constitutionalism in Taiwan under the 1946 RoC Constitution, particularly the practice of ‘authoritarian constitutionalism’ or ‘hybrid constitutionalism’ and its subsequent transition to liberal-democratic constitutionalism, and to consider its possible lessons and implications for Chinese constitutionalism; 3) To review the constitutional practice of 'One Country Two Systems' under the Basic Laws of the Special Administrative Regions of Hong Kong and Macau, and to consider its possible lessons and implications for Chinese constitutionalism; 4) To explore the prospects for the development of Chinese constitutionalism in the foreseeable future, including the possibility of 'socialist constitutionalism' or 'party-state constitutionalism'.