Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

procedure was enacted by the Hunan People’s Congress as a local regulation,


which has provided directives for administrations of all levels in Hunan.


An innovative chapter of that regulation is ‘Procedure to Make Administrative


Decisions’. The chapter requires administrations to consult experts as well as the


public before making their decisions. At internal meetings, administrations’ legal


sectors are asked to provide evidence stating the legality of potential decisions.


In fact the Constitution and other constitutional Acts merely accentuate that


‘democratic centralism’ is the principle applied in making administrative


decisions.^23 As a result, Hunan province’s procedure, to some extent, has made


significant progress in restraining administrative heads’ arbitrary powers.


To conclude briefly, we believe that these examples have given Chinese consti-


tutionalists hope that some provinces may pioneer China’s long march towards


‘government of law’, and the other provinces will follow under pressure from both


the public and the central government.


Human rights


Human rights protection has been enhanced by the Chinese authorities in this


decade too. Of interest to many is whether China will be a model for ‘the rest’ and


a threat to the West.
24
Indeed, China has long proclaimed that its concept


of human rights protection is different and sometimes even superior to that of


the West.


In China’s white papers issued in 1991 , 1995 , 1997 , 1999 , 2000 , 2001 , 2004 , 2005


and 2010 , the Chinese authorities have emphasised that their policy priority with


respect to human rights protection is ‘the people’s rights to subsistence and


development’. The Chinese authorities regard the country’s rapid economic


growth as their most stunning success, which underpins any development with


respect to human rights protection. This idea came from China’s modern historical


experience, which tells the nation that social chaos and economic underdevelop-


ment took any chance of political progress away. In this sense, China did make a


difference. For example, since 1949 people’s life expectancy has increased from


thirty-five years to around seventy. In the first decade of the twenty-first century the


age has climbed to seventy-three, which record even outstrips some developing


countries in Europe. Other successes are: higher literacy rates, relatively low crime


rates, and improved gender and ethnic equality. We hence appreciate China’s


‘relative success in most areas within limits of resources and other constraints’.
25


(^23) For the concept of ‘democratic centralism’ see S. Angle, ‘Decent democratic centralism’
( 2005 ) 33 Political Theory 518.
(^24) Randall Peerenboom,China Modernizes: Threat to the West or Model for the Rest?
(Oxford: Oxford University Press, 2007 ).
(^25) Randall Peerenboom,China Modernizes, pp. 129 – 62.


Chinese constitutional dynamics 129

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