ABSTRACT

This chapter seeks to review the expansionist history of Western Liberal Constitutionalism in China, its core claims, and the main challenges it faces. Nevertheless, despite the penetration and impacts of Western Liberal Constitutionalism institutions and values in China, the government seems to still keep under control and seeks to confine and guide the spread of the latter. Despite the fact that different scholars give different definitions to the notion of constitutionalism, the majority of constitutional scholars in China regard constitutionalism as the ideal political system of modern civilization and agree that constitutionalism includes three core components, namely democracy, rule of law, and human rights. The criticisms of Western Liberal Constitutionalism in China are categorized into three main strands depending on their respective stances as well as arguments. The chapter reviews the expansionist history of Western Liberal Constitutionalism in China, which is divided into the late Qing to early Republican period and the post-reform period.