About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

4 China L. & Soc'y Rev. 1 (2019)

handle is hein.journals/clscy4 and id is 1 raw text is: 


   JCHINA LAW AND SOCIETY REVIEW 4 (2019) 1-40                     CHINA LAW
   •~ t                                                           SOCIETY REVIEW
BRILL                                                             brill.com/clsr



Governing the Constitutional Vacuum -

Federalism, Rule of Law, and Politburo Politics

in China

        Ling Li*
        University of Vienna
        liing6234@gmaiL corn

        Wenzhang Zhou**
        Zhejiang University
        zhouwenzhang1993@gmaiLcom



        Abstract

By focusing on the underlit corners of authoritarian governance in China, this article
challenges the thesis that constitutions matter to authoritarian regimes because they
provide solutions for problems of governance. We argue to the contrary: the constitu-
tion appeals to the Chinese Communist Party (the Party or the ccP) because it does
not provide solutions to fundamental issues of governance. Instead, such issues are
kept out of the constitution so that they can be addressed by the Party through other
regulatory mechanisms outside of the constitutional realm. In support of our thesis,
we provide a unique review of the most up-to-date authoritative research on three key
constitutional issues: central-local relations, party-state relations and power relations
in the Politburo. These three issues correspond to three distinctive fields in China stud-
ies that were treated only in isolation but here we consider them together under the
single framework of authoritarian constitutional governance.



        Keywords

authoritarian constitutionalism - Chinese Communist Party (cCp) - rule of law -
federalism - Communist Party of China (cpc) - party-state - single party state -
authoritarian governance - authoritarian resilience -XiJinping

* Corresponding author. Ling Li teaches Chinese politics and law at the Department of East
   Asian Studies/Sinology, University of Vienna.
** Wenzhang Zhou is currently a PhD candidate at Guanghua Law School, Zhejiang University.


9 KONINKLIJKE BRILL NV, LEIDEN, 2019 1 DOI:10.1163/25427466-00401001

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most