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This article traces the development of constitutionalism in China since the entry into force of the 1982 Constitution by considering it within its context and identifying its shortcomings and difficulties. It shows that substantial progress has been made, especially concerning the recognition and definition of rights, legislative and constitutional procedure, the more active participation of the legislature and the general role of legislation in the exercise of governmental powers. The limitations of this process are also highlighted, including the lack of representativeness of the National People’s Congress, the over?dominant role of the executive in the development of legislation, and the absence of any independent and effective constitutional guarantees. The article also discusses a number of referrals and claims initiated by Chinese citizens in order to develop and enforce their rights, and demonstrates that constitutionalism can be considered as a social mobilisation process.