Washington International Law Journal


This article was written by Shen Kui and translated into English by Yuping Liu.


The subject of this article is the so-called "first constitutional case" in China. The Qi Yuling case is, in a sense, the very first time since the foundation of the People's Republic of China that constitutional provisions have been directly invoked by the Supreme People's Court in a civil lawsuit to protect a citizen's right to receive education, one of the fundamental rights protected by the Constitution. The Qi Yuling case, therefore, has given rise to much discussion on issues of judicial interpretation of the Constitution and the Constitution's application in the private domain, as well as the institution of judicial review in China. Professor Shen's article discusses the ramifications of Qi Yuling, specifically centering on the theory of constitutional justiciability from a comparative perspective, and the prospects of constitutional justiciability in China.

First Page