| ID | 165605 |
| Title Proper | Judicialization of the Chinese constitution revisited |
| Other Title Information | empirical evidence from court data |
| Language | ENG |
| Author | Sprick, Daniel |
| Summary / Abstract (Note) | e repeal of Qi Yuling v. Chen Xiaoqi in 2008 seemed to bring an
o cial end to China’s judicialization of its constitution. e application of the Chinese constitution has since been banned from judicial
practice, although legal disputes that entail constitutional arguments
nevertheless continue to be argued before the courts. is article is
based on a study of more than 900 court cases heard between 2014
and 2016 in which judges referred to the constitution for their legal
reasoning. e cases were retrieved from the China Judgements Online
database. In the article, I demonstrate the mechanism and e ects of
this low-key constitutional jurisprudence in three case groups depicting
di erent understandings of the constitution at the local level. |
| `In' analytical Note | China Review Vol. 19, No.2; May 2019: p. 41–67 |
| Journal Source | China Review 2019-06 19, 2 |
| Key Words | PRC ; Empirical Evidence ; Chinese Constitution Revisited ; Court Data |