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.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!