China’s Constitutionalism Debate: Content, Context And Implications

Creemers, Rogier

doi:10.1086/681661

Cited by 30 publications

(14 citation statements)

References 9 publications

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“…This provides a base for the Chinese government's containment of liberal voices calling for political and constitutional reforms. This explains the Chinese government's success in containing the constitutionalism ( xianzheng ) debate in 2013 (Creemers 2014), which coincidently happened at the same time as the Vietnamese government's public constitutional consultations and engagement with activists like the group of seventy-two.…”

Section: Enablers: History Constituton-making and Legitimacymentioning

confidence: 99%

Activism and Popular Constitutionalism in Contemporary Vietnam

Son¹,

Nicholson²

2017

Law soc. inq.

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Based on Chinese constitutional analysis, political science, and law and society studies, we argue that work extending the application of popular constitutionalism to authoritarian states applies in Vietnam, as popular constitutionalism targets sites relevant to constitutional reform. We contend that popular constitutionalism located in authoritarian states requires three factors: a tradition of activism, space for reformist and pragmatic dialogue targeting constitutional change, and the political need for legitimacy. This article analyses activism in Vietnam, focusing on the lodging of Petition 72 with the Constitutional Amendment Drafting Commission in 2013, and the resulting responses. We conclude that this activism was pivotal in advocating for new constitutional norms, evidencing popular constitutionalism in Vietnam. The long history of Vietnamese scholar activism, the relative space for governance debates, and the political need for legitimacy made this possible. We also note that popular constitutionalism faces constraints in authoritarian states, which may shape its trajectory.

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Section: Enablers: History Constituton-making and Legitimacymentioning

confidence: 99%

Activism and Popular Constitutionalism in Contemporary Vietnam

Son¹,

Nicholson²

2017

Law soc. inq.

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“…However, cyberspace operated as the main medium for the mobilisation of constitutionalism in China in 2013. As Creemers (2015, p. 96) documents: ‘The original open letter advocating for the implementation of the Constitution and many other writings were published, disseminated and shared via blogs, social media and intellectual websites such as Love Thinking ( Ai Sixiang 爱思想) and Consensus Net ( Gongshiwang 共识网). The debate aroused considerable interest online, outstripping news about the Chinese moon probe.…”

Section: Constitutional Mobilisation In Chinamentioning

confidence: 99%

“…The vast majority of commentators demonstrated support for the pro-constitutionalist position.’Popular attention compelled party media to enter the array. Three party media outlets, namely Red Flag Manuscripts , People's Daily and Party Building , published a number of anti-constitutionalist writings, conceiving constitutionalism as a Western product noisome to China, and accusing pro-constitutionalists as those attempting to Westernise the Chinese political system (Creemers, 2015, pp. 95–96).…”

Section: Constitutional Mobilisation In Chinamentioning

confidence: 99%

“…95–96). Pro-constitutionalist journals such as the YHCQ published a series of pieces that seemingly aimed to convince the leadership that constitutionalism should not be feared, but was a logical stage in China's social-political development (Creemers, 2015, p. 98). However, the party's response was strongly negative.…”

Section: Constitutional Mobilisation In Chinamentioning

confidence: 99%

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Constitutional Mobilisation in China

Son

2017

International Journal of Law in Context

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This paper examines recent constitutional mobilisation in China, embodied in the weiquan (right defence) movement, Charter 08 and the 2013 constitutionalism debate. It contrasts Chinese and Vietnamese experience of constitutional mobilisation. This paper argues that constitutional mobilisation in China presents both convergence and divergence with those in Vietnam. The convergence stems from domestic dynamics, the impact of globalisation and the shared features of socialist/communist institutional settings. The divergence is due to Chinese constitutional exceptionalism and Vietnam's instrumentalist approach to global constitutionalism. Particularly, without necessary constitutional opportunity created by the constitution-making process, constitutional mobilisation in China has not created a national constitutional dialogue as has happened in Vietnam. This paper draws attention to the new function of socialist constitutions as a frame for social mobilisation and has general implications for the comparative inquiry into the social dynamics of constitutional law.

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“…The justification for this document was provided by an acrimonious online debate about constitutionalism and the nature of CCP governance. (42) In August, the newly-appointed SIIO director Lu Wei introduced Seven Baselines (qige dixian 七个底线) for online opinion leaders, which were later expanded to all online users. Later that month, Xi Jinping gave a secret speech at a national conference on propaganda and ideology work where he called upon cadres to "unsheathe the sword" (liangjian 亮剑) in a new public opinion struggle with the Internet as its main battlefield.…”

Section: Contentmentioning

confidence: 99%

The Pivot in Chinese Cybergovernance

Creemers¹

2015

chinaperspectives

Self Cite

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China p erspe ct ives S peci al feature The Pivot in Chinese Cybergovernance I nte grat i ng In t er ne t C on tro l in X i Jinp in g's Chin a ROG IE R C RE E ME RS ABSTRACT: During the first two years of the Xi administration, a series of successive measures were taken to restructure the way that the Chinese Internet is governed. New institutions were created to centralise governance over a sphere that had hitherto been fragmented, while the pursuit of ideological and technological security led to greater efforts to control the circulation of online information and prevent harm, particularly originating from foreign threats. This paper analyses this process, and discusses implications for the future of the Chinese and global Internet.

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China’s Constitutionalism Debate: Content, Context And Implications

Cited by 30 publications

References 9 publications

Activism and Popular Constitutionalism in Contemporary Vietnam

Activism and Popular Constitutionalism in Contemporary Vietnam

Constitutional Mobilisation in China

The Pivot in Chinese Cybergovernance

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