Front page of the Constitution of the Republic of China. Photograph courtesy Academia Historia Office

In the 1st year of the Republic (1912), the reign of the monarch came to an end and the rights of the people soared. Yet how can the rights of the people be safeguarded? Solely by means of the Constitution. The Constitution of the Republic of China came into effect on 11 March 1912. The provisional government in Nanking drafted The Provisional Constitution of the Republic of China (中華民國臨時約法). At that time, the emperor of the Ch’ing Dynasty had already abdicated, and Yüan Shih-k’ai (袁世凱 1859-1916) was appointed provisional president.

Article One of Chapter One says: “The Republic of China is formed by the people of China.” Article Two says: “The sovereignty of the Republic of China belongs to all the people.” It is clear from the beginning that the country belongs to the people, not to one family nor one party. China finally departed from hereditary monarchy that had been in place for thousands of years.

Article five of Chapter Two says: “The people of the Republic of China are all equal without exception, irrelevant of ethnicity, class nor religion.” Article Six says: “People are entitled to the following freedoms and rights.” Fifteen freedoms and rights are listed. Physical well-being, personal property and personal wealth are protected by law. Commercial activity, speech, writing, publication, gathering, self-organization, mail, movement and religion are freedoms of the people. Petition, protest, litigation, official appointment and election are rights of the people. Taxation and military service are duties of the people. Although The Provisional Constitution is a rudimentary framework, China thenceforth embarked upon a democratic journey.

In the beginning, Yüan Shih-k’ai, Tuan Ch’i-jui (段祺瑞 1865-1936) and Ts'ao K’un (曹錕 1862-1938) all hastily revised the Constitution. By June in the 17th year of the Republic (1928), the National Government emerged victorious in the Northern Expedition, Peking was recovered and the whole of China was virtually united. In October, the National Government announced The Organization Statute of the Republic of China (中華民國國民政府組織法) based on Dr. Sun Yat-sen’s concept of the Three Stages of Revolution: Military Unification (軍政), Political Tutelage (訓政) and Constitutional Government (憲政), as well as the Five-Power Constitution (五權憲法): Executive Yuan (行政院), Legislative Yuan (立法院), Judicial Yuan (司法院), Examination Yuan (考試院) and Control Yuan (監察院).

In April in the 20th year of the Republic (1931), the National Government drew up The Draft Constitution of the Republic of China During the Period of Political Tutelage (中華民國訓政時期約法草案). In June, The Draft was passed into law.

Chairman Chiang Kai-shek of the National Government announcing the May Fifth Draft Constitution on 5 May 1936. Photograph courtesy Academia Historia Office

On 20 January in the 20th year of the Republic (1933), the Legislative Yuan set up the Committee on Drafting the Constitution. On 16 October the following year, the Legislative Yuan passed the Preliminary Revisions to the Draft Constitution of the Republic of China (中華民國憲法草案初稿審查修正案). After a total of three revisions, on 5 May in the 25th year of the Republic (1936), the Draft Constitution was formally announced. It was known as the May Fifth Draft Constitution. The original plan was to convene the National Constituent Assembly in November to complete the procedure. However the Sino-Japanese War broke out and work on the Constitution was temporarily suspended. 

Chairman Chiang Kai-shek of the National Government welcoming the delegates of the National Constituent Assembly on 9 November 1946. Photograph courtesy Academia Historia Office

On 15 August in the 34th year of the Republic (1945), Japan declared unconditional surrender. In January in the 35th year of the Republic (1946), the Multi-Party Political Consultative Conference (政治協商會議) took place. On 12 November in the same year, representatives from all parties, with the exception of the representatives of the Communist Party who refused to participate, all arrived in Nanking to take part in the National Constituent Assembly (制憲國民大會) to finalize the Constitution. There were approximately one thousand seven hundred representatives. On 13th November, Chairman Chiang Kai-shek (蔣介石主席) delivered a speech which partially said:

“Harking back, ever since the national catastrophe on 18 September 1931, we have been unable to promulgate the Constitution, nor implement it. I have always regarded this as our greatest regret. In the last thirty years, I have not for one moment forgotten the hope to end the Period of Political Tutelage and to complete our grand mission to build our country. The struggles of the revolution and nation building is to serve the country and the people, to bring about a democratic political system based on The Three Principles of the People and the Five-Power Constitution. This is the purpose of the revolution. As long as this ultimate goal is outstanding, it means that the last wish of Dr. Sun Yat-sen, Father of the Nation, is not accomplished. It also means that we have failed our country, our people and the martyrs of the last fifty years. I want to tell you in particular and with great sincerity, that since the National Assembly assigned political power to the Chinese Kuomintang in the 1930s, the National Government has conducted governance according to the Draft Constitution During the Period of Political Tutelage. In these ten and more years, every day has been undertaken by the National Government with great diligence and great conscientiousness. Now that we have emerged victorious in the war against Japan, we are fortunate not to have disappointed the people’s charge. The only aspirations now are to promulgate the Constitution, to implement Constitutional Government at the earliest date, to return sovereignty to all the people and to lay the indestructible foundation of the Republic. The burden of this solemn and sacred task of making the Constitution, is now to be borne by you gentlemen.”

Delegates arriving to attend the opening ceremony of the National Constituent Assembly on 15 November 1946. Photograph courtesy Academia Historia Office

On 25 December in the 35th year of the Republic (1946), the Constitution of the Republic of China (中華民國憲法) was unanimously approved by the representatives of the National Constituent Assembly. Wu Chih-hui (吳稚暉 1865-1953) presented the final version of the Constitution of the Republic of China in a ceremony to Chairman Chiang Kai-shek of the National Government. It was promulgated by the National Government on 1 January the following year, and went into effect on 25 December 1947. After half a century of struggle by the Chinese Kuomintang, Constitutional Government was finally achieved. It is deeply lamentable that mainland China fell to the communists in the 38th year of the Republic (1949). Today the Constitution of the Republic of China can only be administered in the province of Taiwan. Only here can a “democratic republic of the people, by the people, and for the people” be secured. More than a hundred years ago, in the 1st year of the Republic (1912), the Provisional Constitution had already clearly specified many freedoms and rights of the people, such as speech, writing, publication, gathering, self-organization, movement, religion, official appointment, election and others. However, people in mainland China still cannot obtain these freedoms and rights till this day.

Group portrait of Chairman Chiang Kai-shek of the National Government and Council Members of the National Constituent Assembly taken on 25 November 1946. Photograph courtesy Academia Historia Office