"Rule of law" with Chinese characteristics: Evolution and manipulation. (7th September 2021)

• Record Type: Journal Article
• Authors: Cohen, Jerome A
• Is Part Of: International journal of constitutional law. Volume 19:Number 5(2021)
• Page Start: 1882
• Page End: 1887
• Publication Date: 2021-09-07
• Subjects: Constitutional law -- Periodicals; 342.005
• DOI: 10.1093/icon/moab085
• Languages: English
• ISSNs: 1474-2640

Abstract

Abstract: Government under law or law under government? Rule of law or rule by law? That was the hotly debated constitutional law topic in China during the last two decades of the twentieth century. In her article, "Shifting Meanings of Fazhi and China's Journey toward Socialist Rule of Law", Professor Ye gives us a careful and thoughtful analysis of relevant developments that includes the decisive outcome reinforced by current Communist Party chief Xi Jinping. Drawing upon China's imperial traditions and dictatorial Legalist philosophy, Xi wields law as an instrument of comprehensive official power, although in practice his repression strays into Communist lawlessness.