Anglo-American Constitutionalism with Chinese Characteristics

Abstract

In considering the factors involved in achieving constitutional objectives, a good starting point is to identify the fundamental nature of the constitutional document. For example, for some scholars understanding the fundamental nature of the American Constitution would require particular attention to the notion of federalism. With the emphasis in the Joint Declaration on the maintenance of Hong Kong’s existing system, on maintaining the common law legal system, human rights and capitalism, one might expect to explain the fundamental nature of the draft Basic Law with reference to common law or Anglo-American constitutionalism — that brand of constitutionalism, with roots in America and England, evident in most common law jurisdictions with written constitutions.