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

Aubié, Hermann and Wang, Xinhong (2016). (Un)Doing Constitutionalism: The Cases of Liu Xiaobo and Xu Zhiyong. Asian Studies Review, 40 (3), pp. 377-393.


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.

Publication DOI: https://doi.org/10.1080/10357823.2016.1194806
Divisions: Languages & Social Sciences > Sociology and Policy
Languages & Social Sciences
Additional Information: 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
Full Text Link:
Related URLs: http://www.tand ... 23.2016.1194806 (Publisher URL)
PURE Output Type: Article
Published Date: 2016-07-02
Accepted Date: 2016-02-12
Authors: Aubié, Hermann ( 0000-0003-2263-7021)
Wang, Xinhong



Version: Accepted Version

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