In the 2020 annual report of the National People’s Congress Legal Affairs Committee (LAC), a provincial regulation’s inconsistency with a constitutional provision was publicized. Although the review proceedings were terminated upon the local legislature’s promise to repeal the said law, thus preventing a formal declaration of unconstitutionality, it’s the first time that the Constitution is grounded upon in a review of regional regulation in China. Noteworthy, though, is the LAC also relied upon other criteria in its review, such as reform agendas adopted by the CCP. To what extent should the CCP’s high policy be absorbed into the NPC’s constitutional doctrines? Will there be a parallel ground of review via the constitutional review procedure, which offers Party policy a direct status for reviewing local government acts? There’s no clear answer from the NPC. Against this context, this paper analyses how the grounds of constitutional review should be established in China.
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!