ABSTRACT

This chapter provides a review and analysis of approach to Sinicized Marxist Constitutionalism and draws some implications concerning the emergence of Sinicized Marxist Constitutionalism. There are three main sources motivating the emergence of Sinicized Marxist Constitutionalism. As the rule of law is taken as the core element of constitutionalism, achievements in the legal realm provide a foundation for surging interest in constitutional development in China as well as the emergence of Sinicized Marxist Constitutionalism. Just as the "rule of law" approach does not exclude the ideological dimension of Sinicized Marxist Constitutionalism, Marxist party-state approach pillared by a new organic eclectic ideology does not exclude the "rule of law" either. This combines certain core ideas from both liberal constitutionalism and Marxist ideological constitutionalism. The chapter reviews the factors in the background that have contributed to the emergence of Sinicized Marxist Constitutionalism. Interest in exploring the "Chinese Model" within Chinese academia, provided an environment for a Sinicized Marxist Constitutionalism to emerge.