Different Patterns of Applying Transitional Constitutionalism Between the Nationalists and the Communists

David K. C. Huang ()
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David K. C. Huang: SOAS, University of London

Chapter Chapter 9 in Legal Thoughts between the East and the West in the Multilevel Legal Order, 2016, pp 127-145 from Springer

Abstract: Abstract Modernisation has become China’s manifest prospect for the past 170 years, whereby the Imperial Court stabilised its reign and both the Nationalists and the Communists engaged in revolutions. Despite that either the failure or dissatisfaction of modernisation could trigger a new revolution in the twentieth century, China’s modernisation is not completely successful even until today, and the most crucial factor lies in China’s poor social condition. Transitional constitutionalism was promoted by both the Nationalists and the Communists. Its application of transitional constitutionalism not only provides a possible method for China’s modernisation but also constitutes a breeding ground for autocracy. The Nationalist Party was the pioneer of China’s transitional constitutionalism. The Nationalist Party aimed at China’s constitutional democracy, by constructing a ‘babysitting’ autocracy within a limited period of time, training the Chinese people to get used to democracy. The Communist Party applies the transitional constitutionalism differently. Since 1949, it has given diverse reasons of applying transitional constitutionalism: the reason of application is floating, but the purpose of application is one. This chapter will analyse the different patterns of applying transitional constitutionalism between the Nationalists and the Communists via constitutional legal-political doctrinal analysis along with legal historical and social studies.

Keywords: Chinese nationalist constitutionalism; Chinese communist constitutionalism; Transitional constitutionalism; Special power relationship (search for similar items in EconPapers)
Date: 2016
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DOI: 10.1007/978-981-10-1995-1_9

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