(Un)Doing Constitutionalism: The Cases of Liu Xiaobo and Xu Zhiyong

Hermann Aubié; Xinhong Wang

doi:10.1080/10357823.2016.1194806

(Un)Doing Constitutionalism: The Cases of Liu Xiaobo and Xu Zhiyong

Hermann Aubié, Xinhong Wang

Research output: Contribution to journal › Article › peer-review

Abstract

Based on the cases of Liu Xiaobo and Xu Zhiyong, this article reviews the Court judgments and discussions about the criminal charges of “inciting subversion of state power” and “disrupting public order” used against Liu Xiaobo and Xu Zhiyong respectively. Through a review of the discourses of Chinese legal scholars surrounding the two cases, we focus on the conflicting arguments regarding the Chinese Constitution and the Constitutional right to freedom of expression. This article concludes with an analysis of the political meaning of the two cases by revisiting the debate about the implementation of a Constitutional review and by reflecting upon the political contention between the government’s recent re-ideologisation of the Constitution and the growing calls of Chinese citizens who advocate Constitutionalism as a proxy for political reform.

Original language	English
Pages (from-to)	377-393
Number of pages	16
Journal	Asian Studies Review
Volume	40
Issue number	3
DOIs	https://doi.org/10.1080/10357823.2016.1194806
Publication status	Published - 2 Jul 2016

Bibliographical note

This is an Accepted Manuscript of an article published by Taylor & Francis Group in Asian Studies Review on 24 July 2016, available online at: http://www.tandfonline.com/10.1080/10357823.2016.1194806

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Undoing constitutionalismAccepted author manuscript, 348 KB

Cite this

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abstract = "Based on the cases of Liu Xiaobo and Xu Zhiyong, this article reviews the Court judgments and discussions about the criminal charges of “inciting subversion of state power” and “disrupting public order” used against Liu Xiaobo and Xu Zhiyong respectively. Through a review of the discourses of Chinese legal scholars surrounding the two cases, we focus on the conflicting arguments regarding the Chinese Constitution and the Constitutional right to freedom of expression. This article concludes with an analysis of the political meaning of the two cases by revisiting the debate about the implementation of a Constitutional review and by reflecting upon the political contention between the government{\textquoteright}s recent re-ideologisation of the Constitution and the growing calls of Chinese citizens who advocate Constitutionalism as a proxy for political reform.",

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(Un)Doing Constitutionalism: The Cases of Liu Xiaobo and Xu Zhiyong

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