Constitutionalism Impaired

The history of China pursuit constitutionalism is more than one hundred years. During this time, China constitutes many constitutions. If one nation has a constitution, it is a constitutionalism nation, this kind of view is not true. After Chinese constitution of 1982 put in force, China changed greatly and profoundly. Especially when the Chinese communist party pose the idea of "rule by law " in 1997, China has the chance to put constitutionalism in force again. How should we grasp this precious chance? At first we must constitute a constitution. The constitution is the premise of constitutionalism.Constitutionalism not only needs a "good constitution", but also needs the " paramountcy of good constitution". A good constitution should include the essential individual rights and the structures of the nation. But Chinese constitution of 1982 includes so many other items on the positive right of the individual, the obligation of individual and the economic institution. Most of these items can not be executed easily.This dissertation includes five parts.The first part analyzes the brief history of the Chinese constitutionalism, tells us the view that if one nation has a constitution, it is a constitutionalism nation is not true.The second part deals with the relation between the constitution and the constitutionalism, tells us that the "good constitution" must be supreme. The third part is about the relation between the theory of social contract and...