The academic debate on the"fundamental-law"connotation of the Chinese Constitution presupposes Western understandings of fundamental law.However,there is some degree of misunderstanding among Chinese scholars of the preconception and background of Western understandings of fundamental law.They fail to recognize the replacement of funda-mental law by the constitution and to inquire into the underlying human intentions behind it.This necessitates intellectual archaeological research on fundamental law.The concept of funda-mental law originated in Europe as a political and moral discourse.It emerged as the French re-sponse to the demand for curbing the excessive power of monarchs,adapting its content to cater to diverse political needs based on historical context and rationality.With the establishment of nation-states,Jean Bodin transformed it into a political prudence that safeguards sovereignty.The concept and application of fundamental law in France directly impacted the development of legal principles in England through Scottish immigrants to France.In England,fundamental law also served as a tool for political contention:the king utilized it to safeguard his powers while the parliament employed it to regulate royal prerogatives.It encompassed both the foundational political system established by the monarchy and the rationality derived from common law juris-prudence.Rooted in traditional,rational,and natural legal doctrines,it was strategically in-voked by various political factions.However,with the ascendancy of parliamentary sovereignty,fundamental law swiftly waned into a mere political morality for wielding political authority.Throughout Europe,fundamental law embodies political prudence accumulated through years of political struggle.The fundamental law of England,which was implemented in the American colonies,facilitated the invention of the American Constitution.This comprehensive constitu-tional document established the United States and reflected a dual confrontation between the au-thorized government(the king's prerogative)and the basic rights of individuals(traditional rights)similar to that found in English fundamental law.Subsequently,fundamental law not only acquired legal status but also underwent a transformation from a noun referring to"certain rules"to an adjective modifying"constitutional nature."As fundamental law,the United States Constitution comprehensively addresses societal needs through its mechanism-driven functio-ning,with judges addressing various disruptions and issues.Chinese scholars propose that Chi-na implements the constitution in a manner similar to that of the U.S.However,reinventing fundamental law in China is a result of localized adaptation rather than mere replication.There-fore,there is an urgent need for contextual research on China's own constitution as a"funda-mental law."
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