Foundational Constitutional Questions

This collection develops the foundational constitutional questions that must be analyzed before later FCM legal opinions can be treated as a coherent body of jurisprudence.

WORKING RESEARCH — NO HOLDING REACHED UNLESS EXPRESSLY STATED.

• Article I — Revolution, Force and Constitutional Legitimacy
• Article II — UNGA Resolution 2758: Representation, Recognition and Constitutional Effect
• Article III — Mainland China After 1949: Constitutional Displacement, Competing Government, Succession or Occupation?
• Article IV — The Mainland Constitutional Representation Gap
• Article V — Constitutional Nullity of the Establishment of PRC Authority Under the ROC Constitutional Order
• Article VI — Civil Continuity Under Constitutionally Disputed Administration: Private Rights Without Recognition of Constitutional Title
• Submit an Adversarial Legal Review

Each article must distinguish controlling ROC authority, persuasive comparative authority, disputed propositions, competing interpretations and future-court review.