Towards a Cosmopolitan Constitutionalism: On Universalism and Particularism in Chinese Constitutionalism

Abstract

The article investigates whether there is a convergent or divergent trajectory in modern constitutionalism. In the first theoretical part, it examines the arguments favouring cosmopolitanism and contrasts it with those that endorse autochthony or exceptionalism as an essential aspect of sound constitutionalism. Having explored this theoretical dimension, the article turns to China as a revealing case study for examining evolving constitutionalism. It focuses on three aspects—constitutions, judiciary, and international law—to examine constitutional changes in China to see if there is evidence of these divergent or convergent trajectories in constitutionalism. It concludes by noting the powerful influence of cosmopolitanism in China, how this influence is more significant in economic, financial, and commercial areas, and notes the continuing authority of the state in resisting such changes.