Benjamin Minhao Chen
Judicial Legitimation in China
Chen, Benjamin Minhao; Li, Zhiyu
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.
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|
|Deposit Date||Mar 11, 2019|
|Publicly Available Date||Jan 21, 2020|
|Journal||Cornell international law journal|
|Publisher||Cornell Law School|
|Peer Reviewed||Not Peer Reviewed|
Accepted Journal Article
This is a draft version of an article published in the Cornell international law journal volume 53.
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