ABSTRACT

Chinese Marxist Leninist constitutional theory is modernity's nightmare. The development of a constitutional order from out of a revolutionary movement has produced a constitutionalist framework that is quite consciously distinct from that common to the West and its baseline liberal democratic constitutional orders. The constitutionalism of liberal democratic orders starts from the premise that all sovereign power is vested in a government whose authority is ordered and constrained by a constitutional document and vested in a government suitable for the times but loyal to its core premises. This long introductory exposition is made necessary because the power to affect global judgments about distinctions between legitimate and illegitimate constitutional orders, and even to identify a system as legitimately constitutionalist, has been a central element in Western liberal democratic approaches to the study and classification of the constitutional system of China. The Party's highest ideal and ultimate goal is the realization of communism.