The Chinese Communist Party has decided to “strengthen oversight to ensure compliance with the Constitution”, and, for the first time, “advance constitutionality review”. However, “constitutionalism” has been branded “western”, “capitalistic”, and even become a taboo since 2012. The paper summarizes the recent official blueprint and scholarly proposals, trying to envisage the future picture of the mechanism. In order to reveal the possible challenges, it also revisits constitutional review in pre-democratization Taiwan and then scrutinizes the efficacy of the current “filing and review” system under the National People’s Congress. Further, it evaluates the chances of success of various case scenarios. The paper argues that, although the rejection of constitutionalism does not per se preclude a proper constitutional review mechanism, it imposes severe limitations on the mechanism’s prospects in China, which will also vary significantly by the types of cases to be decided.
Our 2020 Annual Conference was scheduled to be held at the University of Wrocław in Poland on July 9-11, 2020.
Due to the COVID-19 pandemic, the ICON·S Executive Committee has decided to postpone our 2020 Conference to 2021. Our next Annual Conference will take place from July 8-10, 2021, in Wrocław, Poland.
Procedural details regarding the organization of the 2021 Conference will follow in the months ahead.Join ICON•S