Judicial Legitimation in China

Chen, Benjamin Minhao; Li, Zhiyu

Abstract

Courts have emerged as vital policymaking bodies of the People’s Republic of China. Chinese courts do not only adjudicate individual cases; they also operate as quasi-legislative bodies by promulgating interpretations on a wide range of fields and subjects. These judicial interpretations—issued in the absence of a live case or controversy— have come to acquire the force of law despite their initial lack of a constitutional or statutory basis. In some instances, they do not merely elaborate the statutory code at issue but also supplement it.

Citation

Chen, B. M., & Li, Z. (2021). Judicial Legitimation in China. Cornell international law journal, 53(2), 169-206

• Journal Article Type: Article
• Acceptance Date: Oct 10, 2019
• Online Publication Date: Oct 26, 2021
• Publication Date: 2021
• Deposit Date: Mar 11, 2019
• Publicly Available Date: Jan 21, 2020
• Journal: Cornell international law journal
• Print ISSN: 0010-8812
• Publisher: Cornell Law School
• Peer Reviewed: Not Peer Reviewed
• Volume: 53
• Issue: 2
• Pages: 169-206
• Publisher URL: https://cornellilj.org/2021/10/26/judicial-legitimation-in-china/