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


Grant Data
Project Title
Constitutional governance in ‘Greater China’ and the Unfinished Project of Chinese Constitutionalism
Principal Investigator
Professor Chen, Albert Hung Yee   (Principal investigator)
Duration
36
Start Date
2019-01-01
Completion Date
2021-12-31
Amount
491980
Conference Title
Presentation Title
Keywords
constitutionalism, China, Taiwan, Hong Kong, rule of law
Discipline
Law
Panel
Humanities & Social Sciences (H)
Sponsor
RGC General Research Fund (GRF)
HKU Project Code
17611318
Grant Type
General Research Fund (GRF)
Funding Year
2018/2019
Status
On-going
Objectives
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'.