Project title
China's Legislature-Centered Constitutional Review System: Promises, Challenges and Prospects
Research question
China has a legislature-centred mode of constitutional review. Should there be a procedural arrangement that bridges the judiciary and Congress when constitutional challenges are raised in cases?
Project description
The current Chinese review process is unclear on how to handle specific cases and provide remedies for rights violations. There is also no clear procedure for courts to refer constitutional challenges to China’s national legislature, the NPCSC.
Scholars in China disagree on whether concrete reviews should be implemented. Mingtao Huang argues there should be a way to address the need for specific reviews of constitutionality in judicial cases and create connections between the judiciary and the legislature to work together on constitutional challenges.
Selected publications
- “NPCSC’s Record and Review Decisions as Binding Precedents”(2022) 4 Journal of Soochow University (Law Edition), pp.1-12.(paper in Chinese)
- “Concrete Constitutional Review: its Necessity and Institutional Possibilities”(2020) 5 Journal of Comparative Law, pp.132-146.(paper in Chinese)
- “The Chinese Supreme Court and the Concrete Constitutional Review: Triggering the Court’s Power of Requesting Constitutional Review”(2020) 1 China Law Review, pp.69-77.(paper in Chinese)