Journal of East China Normal University (Philosophy and Social Sciences) ›› 2006, Vol. 38 ›› Issue (1): 54-58, 65.

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A Causal Study on the Lack of Constitutionalism in Modern Chinese Constitutions

Wei XIE   

  1. Department of Politics & Public Adminstration, East China Normal University, Shanghai 200062, China
  • Received:2005-07-07 Online:2006-01-30 Published:2006-01-30

Abstract:

Constitutionalism is an important concept in the developmental history of politics and jurisprudence.Logically, it is based on a constitution.Its realization is possible only when the value orientation of the constitution is in accordance with the spirit of constitutionalism, that is, limiting state power and guaranteeing citizen's rights.However, there was a general deviation of Chinese constitutions from the spirit of constitutionalism before 1949, and they had become tools to save the nation from doom and ensure its survival and to legalize warlords' dictatorship.It is significant for improving our socialist democracy and fulfilling the ideal of constitutionalism to reflect the causality of the lack of constitutionalism in modern Chinese constitutions.

Key words: constitution, constitutionalism, essential spirit, casuse

CLC Number: