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Vanderbilt University Law School

Constitutional Law

2021

Constitutional justice

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China's Comparative Constitution, Bui Ngoc Son Jan 2021

China's Comparative Constitution, Bui Ngoc Son

Vanderbilt Journal of Transnational Law

The academic field of comparative constitutional law has recently had greater engagements with China's constitution. This Article explains the modes, conditions, and factors of these engagements. The country-studies of China's constitution echo and complicate recent comparative debates on transnational constitution making and the varieties of constitutionalism. Comparative constitutional scholarship formulates new concepts, such as constitutional entrepreneurship and constitutional dissonance, to understand China's constitution. Additionally, it explains China's constitutional divergence from the most similar case, namely Vietnam, and its unexpected constitutional similarities with the most different cases, such as the United States and the United Kingdom. Finally, this scholarship discusses China's …