Introduction

Modern constitutionalism is normally conceived as the political innovation of western modern civilization. The phenomenon of global constitutionalism is epistemologically connected to normative universalism and functionalism in comparative constitutional law. Normative universalism operates with the assumption that constitutionalism itself entails everywhere some fundamental normative principles which involve both human rights and governmental structures. Contextualism can be tracked back to French legal philosopher Charles-Louis de Secondat, Baron de Montesquieu. Expressivism perceives the constitutional order as the embodiments of a particular nation's self-understanding. In term of its substantial concern, expressivism focuses on the social and cultural contexts. The continuous influence of Confucianism in contemporary East Asia results in the academic concern for its relation to several political ideas and practices putatively originated in the western world, such as human rights, democracy, and constitutionalism. Compatibilism is epistemologically connected to universalism in comparative constitutional law. Virtual Confucian constitutionalism is more concerned with the importance of virtue.