The going with the comparative law has been concentrating eurocentrically with respect to the comparisons of civil law/common law, private laws and normative rather than speculative or the sociological inquiry. The studies of the contemporary Asian legal system have not been restricted by such parameters. This field of study has flourished ever since mid 1990s and has found a location that is respectable and sub-disciplines in relation to both Asian studies and comparative law. This field is concerned with respect to the economic development has been focused on governance issues and public law. However, then hidden problems are found in the words such as, ‘Asian’, ‘perspective’, ‘comparative’, ‘transition’, and ‘constitutionalism’. These problems are with both method and theory that can be explored in this paper. The research will be carried out on the new Asian constitutionalism in examining the problem underpinned of both theoretical and methodological to study the transition of the Asian constitutionalism.
The principle of “rule of law” becoming part of the Chinese Constitution happened because of the amendment in 1999. The article 5 was added to the sentence that is stating the People’s Republic of China has been exercising the rule of law that builds a socialist country being governed in accordance with the law. The Foreign Language Press used the same terms in the official translation of the Chinese Constitution.
The question remains whether the principle of the same rule of law theorized by the constitutionalism in the rest of the Asia, particularly the Asia outside the South East Asia. In other words the question remains whether it has the same meaning in China and in other countries like India or Japan.
Generically, comparative analysis bears the risk of readings that are western with respect to the Chinese issues. The constitution of China has imported the concept of the Western legal system.