To what extent and in what form can the rule of law exist in non‐democratic jurisdictions? This panel explores issues related to these perennial questions from fresh angles. The first two papers expound the nature of the rule of law. Jeff King argues that state regulation is an important element of the rule of law,...
Can Constitutional rights be Justiciable in China?
It is well known that the Constitution of China is not justiciable. In practical terms, the Constitution of China has effect only after its provisions are further enacted into ordinary legislation. The Court protects constitutional rights generally through two methods: (a.) the application of specific legislation interpreted in line with the constitution; (b.) the application...
Judicial Independence in Hong Kong from a Hybrid Regime Perspective
Studies on judicial politics in democracies have found that electoral competition is an important factor contributing to de facto judicial independence. There has been, however, limited research on the relationship between electoral politics and judicial independence in non-democracies, mainly because it is assumed that elections in non-democracies are shams. The literature has largely overlooked the...
The Expanding Symmetry of the Rule of Law
Giovanni Sartori ‘democracy on a large scale is not the sum of many little democracies.‘ I ask the same question of the rule of law. If rule of law applied similarly to every subsidiary unit, would this achieve a more complete rule-of-law? Most accounts of the rule of law stress the importance of congruence between...
The Rule of Law, State Protection, and Authoritarianism
The liberal orientation of rule of law discourse has treated the state as the primary antagonist against rule of law values. However, in much of the world, the provision of law and regulation of private force is plausibly identified as also being a core rule of law value. The protective function of state law, and...