Constitutional Government in China, Present Conditions And Prospects

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One such compromise which has been suggested is that both the Canton and the Peking Parliaments should dissolve and a new Parliament be elected under the laws of 191 2.
This solution would undoubtedly come very near to meeting, if it did not actually meet, all the requirements of the Provi- sional Constitution, for there can be no question that these laws were valid when passed and that they have not since been legally abrogated. The new Parliament when convened would proceed to the election of
... a President — presumably Hsu Shih-chang— and thus the executive would also be placed upon a constitutional basis.
Satisfactory as this solution would be from a constitutional point of view, it presents the practical difficulty that it is a virtual concession by the Peking Government that it never had a legal basis — a concession which it is not reasonable to suppose the Peking Government can be induced to make.
If, then, one is to remain within the realm of what is rea- sonably possible of attainment, in China at least, search must be made for an arrangement which will more fully exhibit the elements of compromise, and yet result in a situation which can not be constitutionally questioned by either side.


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