Constitutional evolution through legislation: The quiet transformation of China's Constitution

Abstract

Over the past three decades, China’s Constitution has experienced a dramatic and fundamental transition that is beyond conventional knowledge. Legislation has overtaken both constitutional amendment and interpretation and has been instrumental in helping the Constitution evolve over time. Through statute-making, both the National People’s Congress and its Standing Committee have enriched and changed the definition of both vertical and horizontal governmental relations, as well as created new rules and principles for interregional relations. As a result, the overall state power structure has become more decentralized, diverse and balanced. Such an evolutional route is by no means a unique Chinese story, but rather reflects a common theme for constitutional changes in the world. While this relatively flexible model seems realistic for China, a sustainable constitutional structure demands an operational constitutional review system.

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