Boston College International and Comparative Law Review Volume 37 | Issue 2 Article 2 5-15-2014 Foreign Policy and the Chinese Constitutions During the Hu Jintao Administration Jason Buhi Follow this and additional works at: http://lawdigitalcommons.bc.edu/iclr Part of the Comparative and Foreign Law Commons, Constitutional Law Commons, International Law Commons, and the International Trade Law Commons Recommended Citation Jason Buhi, Foreign Policy and the Chinese Constitutions During the Hu Jintao Administration, 37 B.C. Int'l & Comp. L. Rev. 241 (2014), http://lawdigitalcommons.bc.edu/iclr/vol37/iss2/2 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College International and Comparative Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact
[email protected]. FOREIGN POLICY AND THE CHINESE CONSTITUTIONS DURING THE HU JINTAO ADMINISTRATION JASON BUHI* Abstract: This Article is a close examination of how China’s dual constitution system—that is, the nexus of governing power as outlined between the State Constitution and the Communist Party Constitution—provides both jurisdic- tional and substantive guidance to Chinese foreign policy makers. It especially focuses on the Hu Jintao administration (2002–2012) as the foremost example of grounding foreign policy in the dual constitutions of China. With the suc- cess of the Hu administration, the Chinese constitutional law of foreign policy has become theoretically a unique extraterritorial projection of “the rule of law with Chinese characteristics,” with room for future development by both liberals and realists.