Rethinking Confucianism and constitutionalism: the political thought of John C.H. Wu (1899 - 1986)

This research explores the compatibility of Confucianism with constitutionalism within the context of Chinese political thought, focusing on the contributions of John C.H. Wu (1899Wu ( -1986)-a legal scholar who bridged Chinese and Western legal traditions.As a foundational philosophy in Chinese culture, Confucianism has had a complex relationship with governance, serving both as a cornerstone of hierarchical rule and as a subject of critique for its perceived resistance to modernization.The contemporary revival of Confucianism, particularly under the leadership of Xi Jinping, prompts renewed inquiry into its implications for governance and constitutional development in China.Through an examination of Wu's writings, this paper argues that a form of Confucian constitutionalism is indeed possible, even while acknowledging the inegalitarian elements inherent in Confucian tradition.Such a constitution would integrate principles like the Doctrine of the Mean and the Kingly Way, institutional features such as the traditional civil service examination and the censorate, and an ethical framework emphasizing moral integrity in political leadership.These components offer a compelling alternative to prevailing Western-centric interpretations of constitutionalism and contribute to a more pluralistic understanding of constitutional theory. Urania (Jiayin) 5Democracy surely is important, but constitutionalism, especially topics like the rule of law, is also widely regarded as a key feature of the modern state.Constitutionalism is the framework and philosophy underpinning a constitution, which is the supreme law that serves as a blueprint for governance.The current understanding of constitutionalism usually includes a detailed separation of powers among the executive, legislative, and judicial branches; the enumeration of fundamental rights and freedoms; and the procedures for amendments.Today, people frequently refer to their constitution to address most political controversies.According to Martin Loughlin, a leading scholar in the field of constitutionalism, "More than at any other time in modern history, the place of the constitution in the political and social life of the nation has become a matter of intense interest (Loughlin 2022)."However, Martin also states that given how much has been written about other ideologies that are considered central in modern political and legal thoughts, like nationalism, conservatism, liberalism, and socialism, there is a surprising gap in topics around constitutionalism (Loughlin 2022).Hence, constitutionalism is undeniably an important and contemporarily relevant topic, but there is not a diverse theoretical discussion behind it and this topic is also severely under-discussed.This is also evident in scholarly research related to Confucianism, where work on Confucianism and constitutionalism is less prevalent compared to studies on Confucianism and democracy.However, in 2018, Xi Jinping, the Chinese president who is also known for his adherence to Confucian thoughts, amended the constitution to remove the presidential term limit.This change allows any president, including Xi, to potentially remain in office for life.This surprising constitutional change raises questions about the effectiveness of the Chinese constitution in limiting the power of its rulers.People also wonders if Confucianism is at blame