Hart claims that Bentham‘s theory of law is a command theory; and that Bentham‘s theory cannot explain ‘legally limited supreme legislature‘ [LLSL]. His claim assumes that judicial review is the archetype of LLSL. I attempt a threefold task. First, I will present Bentham‘s explanation of judicial review, and argue that for Bentham, judicial review is...
Tag: <span>Xiaobo Zhai</span>
The Rule of Law in China and its Problems
This paper begins with a description and an assessment of China‘s 40 years‘ construction of the rule-of-law. Section I discusses the conceptual framework I use to describe and evaluate China‘s rule-of-law construction, and then offers a brief account of the past 40 years of China from the perspective of the rule of law. Despite the...