Abstract
Both the Republic of China (ROC) and the People's Republic of China (PRC) started out with constitutions promising democratic principles and social welfare; however, the two governments diverged greatly in outcomes despite early similarities.
This paper compares the constitutional evolutions of the ROC and PRC across three parallel phases: their founding periods (1912–1949 in ROC; 1949–1957 in PRC), eras of authoritarian consolidation (1949–1987 in ROC; 1957–1978 in PRC), and reform periods (1987–2000 in ROC; 1978–2012 in PRC). Constitutionalism was analyzed through three lenses: ideology/structure, enumerated rights, and practical implementation.
This paper argued that both constitutions originally embraced democratic ideals but failed to prevent authoritarianism. The PRC repeatedly revised its constitution, weakening its credibility. Only the ROC, through Chiang Ching-kuo’s 1987 decision, transitioned to a functioning democracy. Ultimately, despite ideological differences, both systems revealed that constitutional outcomes were determined more by individual leaders than by the texts themselves, highlighting that constitutions, in practice, serve political power more than they constrain it.
abstract
