Comparison Study of the 1923 and 1947 Constitutions of the Republic of China Regarding Democratic Rights and Freedoms

The 1923 Constitution of the Republic of China, constrained by the warlord fragmentation, political turmoil, and legislative ideology of the time, adopted a legal restrictionist approach. It only symbolically enumerated the rights of the people, failing to effectively safeguard democracy and freedom. In contrast, the 1947 Constitution, drafted after the War of Resistance, absorbed modern constitutional concepts and attempted to build a substantive rights protection system. This Constitution not only detailed citizens rights to freedom, participation in politics, and social security but also improved the effectiveness of rights protection through mechanisms such as the separation of powers and judicial remedies, presenting more substantial democratic characteristics. However, despite its formal progress, the practical political environment and social conditions limited its implementation, and it became a mere formality after the Nationalist government retreated to Taiwan.