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7 - Chinese Perspectives on the Rule of Law

Prospects and Challenges for Global Constitutionalism

from Part II - Pursuit of Common Values

Published online by Cambridge University Press:  09 November 2018

Takao Suami
Affiliation:
Waseda University, Japan
Anne Peters
Affiliation:
Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht, Germany
Dimitri Vanoverbeke
Affiliation:
Katholieke Universiteit Leuven, Belgium
Mattias Kumm
Affiliation:
Humboldt-Universität zu Berlin
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Summary

Matthieu Burnay (chapter 7) focuses on China and analyses Chinese perspectives on the rule of law. In a context where China has re-emerged as a central actor in global governance, understanding the development of the ‘Socialist Rule of Law with Chinese Characteristics’ is necessary to understand the prospects for China’s contribution to Global Constitutionalism and the constitutionalisation of international law. The chapter argues that China’s legal system can be characterised as a “multiple-speeds legal system”, in which respect for the rule of law varies depending on the rules’ impact on the country’s legal, political, economic, and social stability. The chapter holds that zooming out of the triangle of the rule of law, democracy, and human rights will help us to understand the Chinese perspective on the rule of law – which is critical of the rule of law developed internationally. The Chinese emphasis has been on the rule of law as a self-standing principle rather than as a complement to human rights and democracy. The accomplishment of a fully-fledged rule of law will require China to reflect on its political system and its perspective on human rights.
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Publisher: Cambridge University Press
Print publication year: 2018

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