China's Changing Constitution
- 1 December 1978
- journal article
- Published by Cambridge University Press (CUP) in The China Quarterly
- Vol. 76, 794-841
- https://doi.org/10.1017/s0305741000049584
Abstract
An organization must have rules, and so must a state. A constitution is a set of general rules, it is the fundamental law.… Constitution-making is a matter of science.Mao Tse-tung On 5 March 1978 the People's Republic of China promulgated its second constitution in little more than three years and the third since its establishment in 1949. What functions does a constitution serve in the Chinese political-legal system? Is it a sham not worth the paper on which it is printed? Is it an artifice of propaganda designed to impress and mislead foreigners? Does it have legal as well as political significance? The 1954 Constitution was not revised for two decades – why then was its 1975 successor so quickly overtaken by events? What are the differences among these basic documents?Keywords
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