On the basis of newly available court decisions, official documents and literature, the panel investigates different layers of the legal effects of the Chinese constitution. Although the Chinese Communist Party holds sovereign power to determine the meaning of the constitution in the one-party state, legal scholarship and court practice advance their distinctive approaches to develop...
Tag: <span>Björn Ahl</span>
The Application of Rule-of-Law Ideology in Chinese Judicial Practice
Although the Chinese constitution includes the notion of socialist rule of law, it is generally assumed that this is not a justiciable principle that courts can apply in practice. The meaning of the principle is determined in authoritative documents of the Chinese Communist Party. Based on newly available court decisions, the paper explores in what...