“Constitutionalism” and “Governing According to the Constitution”

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Other Title
  • 「憲政」と「依憲執政」　―　「中国夢」の「法治」を考える　―
  • 「 ケンセイ 」 ト 「 イケンシッセイ 」 「 チュウゴクム 」 ノ 「 ホウチ 」 オ カンガエル

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Abstract

In 2013, there successively occurred two opposing types of movement and fierce arguments regarding the Constitution; one called for the real implementation of the Constitution, especially for those fundamental rights and freedom of people, from the standpoint of “Constitutionalism”; and the other which denounced those movements as “political conspiracy”, and called for strict regulation on those movements and thoughts. As a result, those desperate attempts to implement some humble constitutional rights have only lead to further harsh treatment and stricter regulations as per usual. However,, exceptionally, the theory of “Constitutionalism” itself has been denied completely, with claims that it is only compatible with “Western Capitalism”, and it is even deemed as “Unlawful” and “Unconstitutional” for Chinese people to act according to such type of “Constitutionalism” under the current prevailing notion of “Governing according to the Constitution”. These facts indicate that it is becoming much more difficult to ask for implementation of the theory of “Constitutionalism”, or even talk about it, in the era of the “Chinese Dream”, which is officially hammered out by chairman Xi Jin Ping. However, despite the idealistic features of the “Chinese Dream”, all people can find is an epidemic of corruption, huge wealth gap, and disastrous pollution all throughout the real world. As it seems people are unsure about what direction to take, it will be critical for both sides of the argument to present themselves as a prescription for real problems.

Journal

  • 一橋法学

    一橋法学 13 (2), 93-124, 2014-07-10

    一橋大学大学院法学研究科

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