Chinese Constitutionalism
- Course Code:
- 15PLAH043
- Unit value:
- 0.5
- Taught in:
- Term 2
This course begins with a seemingly simple question, “What is Chinese constitutionalism?” In answering this question, students will be introduced to the histories, languages, theories, structures, and practices informing this concept of “Chinese constitutionalism”. Furthermore, students will be introduced to the differing theories and techniques used by scholars to critique China’s constitutional past and present, as well as predict its future constitutional developments. Course topics may include, but are not limited to: constitutional history, rights discourse, rule of law, constitutional review, Hong Kong’s Basic Law, and constitutional language.
Although the course will be run as a 2 hour lecture, it will still require a high level of student participation and discussion. Students will be asked to take an interdisciplinary approach the study of Chinese constitutionalism by drawing upon weekly readings from the fields of history, area studies, political science, comparative law, legal linguistics, and constitutional law. All readings will be in English; however, students will be required to master some fundamental terminology related to Chinese constitutional law.
Objectives and learning outcomes of the course
Upon successful completion of this course, students will be able to demonstrate:
- a clear understanding of China’s constitutional development from the late imperial to modern periods
- an ability to critically compare the various methods used by scholars to examine China’s constitutional past, present, and future
- an ability to adequately explain the key terminology and language of China’s various constitutions
- an ability to reconstruct and critically assess the various means through which modern Chinese citizens and government officials engage the constitution
- an understanding of the developing discourse on “rights” in China
- a familiarity with the ‘constitutional’ complexity of China’s rule over Hong Kong
Scope and syllabus
[N.B.—Weekly topics may change from year to year depending upon developments within the Chinese government and student interests]:
- Week 1: Orientation; Sources of Chinese Constitutionalism; Methods of Analysis
- Week 2: What is Chinese Constitutionalism?
- Week 3: China’s Constitutional History
- Week 4: The Text of China’s Constitution(s)—A Linguistic Perspective
- Week 5: Constitutional Structure and Rule of Law
- Week 6: Reading Week
- Week 7: Constitutional Rights and Rights Consciousness
- Week 8: The Chinese Constitution Outside the Courts—The Sun Zhigang Incident
- Week 9: The Chinese Constitution Inside the Courts—Questioning the Uniqueness of Qi Yuling
- Week 10: Hong Kong, the Basic Law, and Chinese Constitutionalism
- Week 11: Assessing Approaches to Chinese Constitutionalism
Method of assessment
Assessment weighting: 100% coursework - one 1500 word essay (15%) and one 5000 word essay (85%).
