This course provides a high-level comparative analysis of the constitutional frameworks and jurisprudential traditions of the world’s two largest economies. By focusing on the fundamental rights perspective, students will examine how “rights” are conceptualized, codified, and adjudicated within two distinct political and legal ontologies: the American liberal-democratic model and the Chinese socialist rule of law with Chinese characteristics.

The curriculum moves beyond a surface-level comparison of legal texts to explore the underlying philosophical tensions between individualism and collectivism, and the prioritization of civil-political rights versus socio-economic development. Key areas of inquiry include:

• Philosophical Foundations: A comparative study of Enlightenment constitutionalism (Locke, Madison) versus Marxist-Leninist legal theory and the contemporary “Xi Jinping Thought on the Rule of Law.”
• The Architecture of Rights: Analysis of the U.S. Bill of Rights and the 14th Amendment in contrast to Chapter II of the PRC Constitution, focusing on the evolution of due process, equal protection, and the “right to development.”
• Judicial Review and Interpretation: Investigating the role of the U.S. Supreme Court in “finding” rights versus the NPC Standing Committee’s power of constitutional interpretation and the shift toward “Substantive Constitutionality Review” in China.
• Contemporary Challenges: Case studies on digital privacy, national security exceptions, and the intersection of state sovereignty with international human rights standards.