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1 - Introduction

Published online by Cambridge University Press:  05 June 2012

By
Randall Peerenboom
Edited by
Randall Peerenboom
Randall Peerenboom
Affiliation:
La Trobe University, Victoria
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Summary

This is the first book in English on judicial independence in China. This may not seem surprising given China remains an effectively single-party socialist authoritarian state, the widely reported prosecutions of political dissidents and the conventional wisdom that China has never had independent courts. On the other hand, this may seem surprising given that China has become a possible model for other developing countries – a model that challenges key assumptions of the multibillion-dollar rule of law promotion industry, including the central importance of judicial independence for all we hold near and dear. Although China's success in achieving economic growth and reducing poverty is well known, less well known is that China outscores the average country in its income class, including many democracies, on many rule of law and good governance indicators, as well as most major indicators of human rights and well-being, with the notable exception of civil and political rights. How has China managed all this without independent courts?

WHY STUDY JUDICIAL INDEPENDENCE IN CHINA?

There are few ideas more cherished, and less critically scrutinized, than judicial independence. Judicial independence is regularly portrayed as essential to rule of law, good governance, economic growth, democracy, human rights, and geopolitical stability.

Type
Chapter
Information
Judicial Independence in China
Lessons for Global Rule of Law Promotion
 , pp. 1 - 22
Publisher: Cambridge University Press
Print publication year: 2009

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References

Peerenboom, Randall, China's Long March toward Rule of Law (Cambridge: Cambridge University Press, 2002)CrossRefGoogle Scholar
Lubman, Stanley, Bird in a Cage (Palo Alto: Stanford University Press, 1999)Google Scholar
Chen, Albert, Introduction to the PRC Legal System (Hong Kong: Butterworths, 2nd ed., 2004)Google Scholar
Jianfu, Chen, Chinese Law: Context and Transformation (Leiden and Boston: Nijhoff, 2008)Google Scholar
Balme, Stéphanie and Dowdle, Michael eds., Building Constitutionalism in China (New York: Palgrave McMillan, 2009)CrossRef
Peerenboom, Randall, China Modernizes: Threat to the West or Model for the Rest? (London and New York: Oxford University Press, 2008)CrossRefGoogle Scholar
Ferejohn, John A. and Kramer, Larry D., “Independent Judges, Dependent Judiciary: Institutionalizing Judicial Restraints,” New York University Law Review, vol. 77 (2002)Google Scholar
Moustafa, Tamir and Ginsburg, Tom, eds., Rule by Law: The Politics of Courts in Authoritarian Regimes (New York: Cambridge University Press, 2008)
Hilbink, Lisa, Judges Beyond Politics in Democracy and Dictatorship (Cambridge: Cambridge University Press, 2007)CrossRefGoogle Scholar
Kahn, Paul, The Cultural Study of Law (Chicago: University of Chicago Press, 1999)Google Scholar
Ocko, Jonathan and Gilmartin, David, “State, Sovereignty, and the People: A Comparison of the ‘Rule of Law’ in China and India,” The Journal of Asian Studies, vol. 68(1)
Abel, R.L., “Law as a Lag: Inertia as a Social Theory of Law,” Michigan L. Rev vol. 80, pp. 775–809 (1982)CrossRefGoogle Scholar
Watson, Alan, Legal Transplants (Athens: University of Georgia Press, 1983)Google Scholar
Twining, William, “Generalizing about Law: The Case of Legal Transplants” (2002), http://www.ucl.ac.uk/laws/jurisprudence/docs/twi_til_4.pdf
,Transparency International, “Global Corruption Report: Corruption and Judicial System,” (2007) http://www.transparency.org/publications/gcr/download_gcr#download
,IFES/USAID, “Guidance for Promoting Judicial Independence and Impartiality,” (2002), p. 6, http://www.usaid.gov/our_work/democracy_and_governance/publications/pdfs/pnacm007.pdf
Pangalangan, Raul, The Philippine “People Power” Constitution, Rule of Law, and the Limits of Liberal Constitutionalism, in Peerenboom, Randall ed., Asian Discourses of Rule of Law (London: Routledge, 2006), p. 379Google Scholar
Liebman, Benjamin, “A Populist Threat to Chinese Courts,” in Gallagher, Mary. eds. Chinese Justice: Civil Dispute Resolution in Contemporary China (forthcoming Harvard University Press)
Kagan, Robert, The Return of History and the End of Dreams (New York: Alfred A. Knopf, 2008)Google Scholar
Carothers, Thomas, Critical Mission: Essays on Democracy Promotion (Washington D.C.: Carnegie Endowment for International Peace, 2004)Google Scholar
Diamond, Larry, The Spirit of Democracy (New York: Henry Hold and Company, 2008)Google Scholar
Perry, Amanda, “An Ideal System for Attracting Foreign Direct Investment? Some Theory and Reality,” American University International Law Review vol. 15, p. 1627 (2000)Google Scholar
,American Chamber of Commerce, “The Business Climate for US Firms in China” (2007), at http://www.amcham-china.org.cn/amcham/show/content.php?Id=2361&menuid=&submid=&PHPSESSID=11eade809492f6ad040c37af69cec8af
Yang, Dali, Remaking the Chinese Leviathan: Market Transition and the Politics of Governance in China (Stanford: Stanford University Press, 2004), pp. 254–257Google Scholar

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