Un modello confuciano di giustizia costituzionale per la Cina del XXI secolo?

The article examines the proposal, made recently in the Chinese legal doctrine, to assign the functions of constitutional control to the new Constitutional Academy. This would be an innovative solution in comparative constitutional law, since it presents a singular mixture of elements of the Chinese Confucian tradition with aspects of Western constitutionalism. Whether it is a solution compatible with the characteristics of a socialist (authoritarian) state, at least as historically manifested, may be controversial; in any case, the solution itself should be likely abandoned, or profundly changed, in the event of radical political transformation of China in the direction of constitutional western democracy. On the other hand, the proposed Constitutional Academy is instead well suited to the vision of a possible Confucian constitutional order in contemporary China.