The Symbolic and the Functional

Abstract

In this chapter, the author comments on Su Li's discussion of the constitution of ancient China. In his account of Chinese constitutional law, Su Li tackles constitutionalism from a historical point of view. While acknowledging Su Li's contributions to urging Chinese legal scholars to rethink the meaning of “constitution,” not as a modern, liberal, normative conception, but in its original, constitutive, descriptive sense, the author argues that Su Li's structural functionalism fails to pay sufficient attention to the problem of legitimation and the dimension of politico-cultural meaning. The author examines the popular ideas about constitutional law and constitutionalism in contemporary China before delving into Su Li's arguments in detail. In particular, he addresses the issue of constitutional continuity and discontinuity as well as legitimacy continuity. He also cites Su Li's claim that the emperor was an indispensable constitutional institution in ancient China.