Abstract
Since the beginning of the reform policy, China has implemented a process of Constitutionalism in order to maintain the regime. This process evolved from “rule of law” to “rule by law”. Constitutionalism in China has been featured by reform gradualism, the willingness of establishing a legal system which helps maintaining the CCP in power, and the willingness to achieve transition to “market economy with socialist characteristics”. In many respects, this process experience in China could be a model for North Korea if the DPRK would aim at boosting its ailing economy and diminishing diplomatic tensions. Being the result of strong pragmatism, this model looks likely to evolve.  The new CCP leadership seems to change the regime toward more centralism and conservatism.  For North Korea, obstacles remain.  Constitutionalizing the DPRK along the Chinese path would imply questioning the juche theory which acts as the strongest legitimizing aspect.  North Korea would also have to overcome the vast gap in basic perceptions between DPRK and international society.
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