Emergence of a Dual Constitution in Transitional China

With China's miraculous economic development in recent decades, it is difficult for traditional theories, either communist or liberal ones, to accurately reflect the reality of reform in China. Concepts, such as "unwritten constitution" or "living constitution" have been studied in the context of China. However, these Western concepts are unable to provide a holistic view of China's Constitution, especially after 1978. China's Constitution, centered on the Communist Party and the State, has been largely transformed since then. This article goes beyond the liberal approach and argues that a dual constitution has sprouted up in China, within which the Party's Constitution attempts to keep pace with that of the State. Specifically, the Party has been endeavouring to integrate itself into the State through political conventions and self-normalisation. The dual constitution is unique in the sense that it departs from the model of Mao Zedong, it deviates from that of the Soviet Union and it does not follow the formalistic approach of Western countries in defining the nature of a constitution. This suggests that the status quo of China's regime and the direction of its constitutional reform can only be clarified by understanding the evolution of the dual constitution.