Authoritarian judiciary: How the party-state limits the rule of law

AbstractThis article identifies and conceptualizes the structural features of the Party-state and proposes a “dual normative system” as a framework to interpret the constitutional reality of China. This framework has four components: (1) structural integration of the Chinese Communist Party (CCP or the Party) and the state; (2) reserved delegation of authority to the state; (3) bifurcation of state decision-making processes; and (4) cohabitation of the two normative systems: one of the Party and one of the state. This article demonstrates that the political reforms in China since the 1980s have not separated the power of the Party and the state, but have created an increasingly institutionalized dual normative system that is more complex compared with the previous fused system, yet more pliable to adjustments and more open to different interpretations, including to that of the “Party-state constitutionalism”, which interprets the “rule of law” as compatible with the rule of the Party.

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Hold the Champagne: The Bo Xilai Affair, the Party-State, and the Rule of Law

SSRN Electronic Journal ◽

10.2139/ssrn.2289377 ◽

2012 ◽

Author(s):

Glenn D. Tiffert

Keyword(s):

Rule Of Law ◽

The Rule Of Law ◽

Party State

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Russian ‘Liberal’ Opposition: The Divide Be-Tween ‘Radicals’ and ‘Moderates’?

Transcultural Studies ◽

10.1163/23751606-00901005 ◽

2013 ◽

Vol 9 (1) ◽

pp. 63-70

Author(s):

Anna Taitslin

Keyword(s):

Rule Of Law ◽

Private Property ◽

Sufficient Condition ◽

Necessary And Sufficient Condition ◽

Social Consensus ◽

The Rule Of Law ◽

The One ◽

The Right ◽

Necessary And Sufficient ◽

Party State

The paper reflects on the divide emerged amidst the liberal opposition in Russia between the left liberals and the right liberals. The divide is not just about split-up between the radicals and the moderates. It re-flects the crisis of liberal ideas as formed in the 1990s, when the tran-sition to economy based on private property was seen as necessary and sufficient condition for dismantling the command economy and the one-party state. The ultimate issue at hand is the notion of the rule of law and a possibility of wider social consensus on the minimal rule of law threshold.

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Demokratischer Konstitutionalismus

10.5771/9783748900078 ◽

2021 ◽

Keyword(s):

Welfare State ◽

Rule Of Law ◽

Fundamental Rights ◽

The Other ◽

Liberal State ◽

The Rule Of Law ◽

The One ◽

Party State ◽

The Welfare State

For Dieter Grimm, the constitution that emerged from the bourgeois revolutions of the 18th and 19th centuries appears as one of the greatest achievements of our time. Originally geared to the liberal state, it now faces challenges from within and without. The party state and the welfare state on the one hand, and Europeanisation and globalisation on the other, are escaping its grip. The question is therefore whether and how the specific conjunction of democracy and the rule of law, including fundamental rights, can be maintained under the changing conditions. With contributions by Wolfgang Hoffmann-Riem, Anna-Bettina Kaiser, Christine Landfried, Christoph Möllers, Ulrich K. Preuß, Dominik Rennert, Helge Rossen-Stadtfeld, Lars Viellechner, Uwe Volkmann, Hans Vorländer and Rainer Wahl.

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