Is It the Beginning of the Era of the Rule of the Constitution? Reinterpreting China\u27s First Constitutional Case

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\u27s Republic of China that constitutional provisions have been directly invoked by the Supreme People\u27s Court in a civil lawsuit to protect a citizen\u27s 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\u27s application in the private domain, as well as the institution of judicial review in China. Professor Shen\u27s 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