The China of Chiang K'ai-Shek: A Political StudyLinebarger, Paul Myron Anthony
History
The China of Chiang K'ai-Shek: A Political Study
Linebarger, Paul Myron Anthony
Chiang, Kai-shek, 1887-1975; China -- Politics and government -- 1912-1949
The Legislative _Yüan_ brought forth on May 5, 1936 (in Chinese
chronology, 5/5/XXV, or double-five twenty-five), the celebrated
_Hsien-fa Ts'ao-an_ (Draft Permanent Constitution), which was promptly
dubbed the Double Five Constitution. Ever since its first promulgation,
this document has formed the center of all Chinese constitutional
debate, and--with very minor modifications--still stands as the official
proposal for a permanent constitution, awaiting ratification by the
_Kuo-min Ta-hui_ (National [Constituent] Congress), when and if that
long-postponed body ever convenes.[6] The Draft Constitution is the
joint work of many outstanding legal scholars. A product of collective
research and study, it thereby resembles collective private
codification of municipal and international law in the West more than it
does the creation of a deliberative assembly. The celebrated Chinese
jurist, Dr. John C. H. Wu, prepared the first informal draft,[7] and the
5/5/XXV version represents the fourth draft of the Legislative _Yüan_.
The preparation of the various drafts has not, from the scholastic point
of view, been secretive or private; but broad popular participation has
neither been offered nor solicited.
[Footnote 6: The Double Five Draft Constitution is to be found in
Chinese in Wang Shih-chieh, work cited, and in English in Council of
International Affairs, _Information Bulletin_, Vol. III, No. 10 (April
11, 1937), Nanking; Hsia, C. L., "Background and Features of the Draft
Constitution of China"; in Legislative _Yüan_, "Draft of the
Constitution of the Republic of China," Nanking, 1937; in _The China
Year Book_, Shanghai, and _The Chinese Year Book_, Shanghai and Hong
Kong, _v.i._ and _v.d._ The latest version of the Draft Constitution
is reprinted below. Appendix I (A), p. 283; the latest Chinese
annotated version of this is the Legislative _Yüan_, _Chung-hua
Min-kuo Hsien-fa Ts'ao-an Shuo-ming-shu_ (An Elucidation of the Draft
Permanent Constitution of the Chinese Republic), [Chungking], XXIX
(1940).]
Public-domain text, read in full here on John Shaqi.
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