It is well known that the Constitution of China is not justiciable. In practical terms, the Constitution of China has effect only after its provisions are further enacted into ordinary legislation. The Court protects constitutional rights generally through two methods: (a.) the application of specific legislation interpreted in line with the constitution; (b.) the application of broad legal terms of legislation interpreted in line with the constitution. However, legislation can never cover all aspects of behaviour, so legal gaps unavoidably emerge. In such cases, neither specific legislation nor broad legislation protects constitutional rights. This paper will argue that the Court can, in these instances, directly apply the Constitution to protect constitutional rights in the absence of ordinary legislation.
Our next Annual Conference will take place from July 6-9, 2021. It will be held in a completely novel way as a fully online Conference: ICON•S Mundo.
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