Page "Chinese law" Paragraph 33

The Constitution states its own supremacy.

However, it has been theorized that the supremacy of the Communist Party means that the Constitution and law are not supreme, and that this perspective is the result of the Marxist view of law as simply a superstructure combined with a lack of recognition of rule of law in philosophical or historical tradition.

Although the Constitution provides for legislative, executive, judicial, and pro-curatorial powers, they are all still subject to Communist Party leadership.

Often, important political decisions are made through actions which are not regulated by the Constitution.

Additionally, courts may not rely on the Constitution in deciding cases, and they may not review legislation for Constitutionality.

Nonetheless the Constitution does provide the linguistic framework for conducting government affairs and describing them in the media.