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
Some say that as a matter of fact, the people themselves do
not want a constitution. And--to put it more bluntly--that
the people do not know what a constitution is. Therefore,
the constitutional movement represents the desires of only a
minority of the people, not the majority. You have a certain
element of truth if you say that most of the people do not
know what a constitution is, but it is not true that they do
not want a constitution. In the present war period, the
burden on the people is enormous. They should not be denied
any privileges to which they are entitled. All the proposed
constitutional stipulations concerning the duties, rights,
economic status, and education of the people have an
immediate effect on and relation to the people. Why do they
not want a constitution? If you proceed to ask one of the
common people, say a peasant, and you talk with him,
professorially as though you were in a classroom, about the
constitutional movement, he may be at a loss. But if you
bother to ask him about his daily life--the work he is
doing, his hopes, his bitterness, the cruelties inflicted on
him by unscrupulous officials and landlords and gentry--and
if he enjoys the freedom of speech, he will give you a good
talk!... If you say that the people do not know what a
constitution is, you should enlighten them about the close
relationship between themselves and the constitution, not
discontinue the constitutional movement.[19]
[Footnote 19: From Tso Tao-fen, "A Few Questions Regarding the
Constitution" in Ch'üan-min K'ang-chan Shê [The United Front Club],
_Hsien-chêng Yün-tung Lun-wên Hsüan-chi_ (A Symposium on the
Constitutional Movement), Chungking, 1940, p. 1 _ff._]
Other questions relate to specific points in the Draft Constitution. In
the opinion of some, the phrase "according to law" which follows every
guarantee of popular rights is a dangerous phrase, particularly in view
of the neat but arbitrary definition of "law" (_Art._ 139). Others,
remembering the Weimar Article 48, mistrust the emergency power of the
President. The President's sharing of the budgetary, pardoning, and war
powers with the Legislative _Yüan_ seems illogical to some critics, who
feel that these powers should be within reach of a more popular body,
not a technically legislative organ.
Public-domain text, read in full here on John Shaqi.
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