Constitutional View Of John C.H.Wu

John C.H.Wu was a famous jurist in the period of Republic of China.He had a solid legal foundation and rich practice experience.In recent years,people paid lots of attention to his philosophy of law,but the research on his view of constitutionalism is insufficient.Based on the constitutionalism literature published by John C.H.Wu from 1930 to 1937,this paper tried to integrate the connotation of John C.H.Wu's view of constitutionalism on the basis of constitutional framework by himself,Combining his personal characteristics and ideological background.To sum up,John C.H.Wu believed that constitutionalism comprised a government of law and a popular government,and the purpose of constitutionalism is to benefit the country and the people,to integrate the national strength and to help each other in times of difficulties.He imagined that the implementation of constitutionalism need three necessary conditions: a scientific constitution,constitutional ethics of ruling party,and constitutional spirit of people.To understand the constitutional framework of John C.H.Wu,we need to deeply understand the exact meaning of "government of law" and "popular government" that John C.H.Wu talked about.Among them," government of law " included the concepts of rule of law and judicial independence,while "popular government" reflected his legal vision of human rights protection and political vision of civil rights.The purpose of constructing his constitutional view is to reflect the problems and the solutions encountered by John C.H.Wu in the period of the Republic of China,so as to think deeply about the problem of east-west.